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LIBRARY 

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A  MODEL 
TENEMENT  HOUSE  LAW 


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HOUSING  REFORM:  A  Hand-book  for  Practical  Use  in 
American  Cities.  By  Lawrence  Veiller.  Foreword  by 
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THE  STANDARD  OF  LIVING  AMONG  WORKING- 
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THE  PITTSBURGH  SURVEY.  Findings  in  six  vol- 
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A  MODEL  TENEMENT  HOUSE  LAW.  By  Lawrence 
Veiller.     130  pages.  Price,  postpaid,  1 1.25. 

AMONG  SCHOOL  GARDENS.  By  M.  Louise  Greene, 
M.Pd.,  Ph.D.     Illus.     380  pages.     Price,  postpaid,  $  1.25. 

REPORT  ON  THE  DESIRABILITY  OF  ESTABLISHING 
AN  EMPLOYMENT  BUREAU  IN  THE  CITY  OF 
NEW  YORK.  By  Edward  T.  Devine,  Ph.D.,  LL.D. 
238  pages.     Paper.  Price,  postpaid,  $1.00. 

THE  SALARY  LOAN  BUSINESS  IN  NEW  YORK  CITY. 
By  Clarence  W.  Wassam,  Ph.D.     With  Extracts  from 
an  unpublished  Report  by  Frank  Julian  Warne,  Ph.D. 
143  pages.     Paper.  Price,  postpaid,  75  cents. 

THE  CHATTEL  LOAN  BUSINESS.     By  Arthur  H.  Ham. 
60  pages.     Paper.  Price,  postpaid,  25  cents. 

CHARITIES    PUBLICATION    COMMITTEE 

IO5    EAST   22D  STREET,   NEW   YORK 
158   ADAMS   STREET,   CHICAGO 


RUSSELL  SAGE 
FOUNDATION 


A  MODEL 

TENEMENT  HOUSE 

LAW 


BY 

LAWRENCE   VEILLER 

AUTHOR  OF  "HOUSING  REFORM,"  ETC. 


NEW     YORK 
CHARITIES     PUBLICATION 
COMMITTEE     ....     MCMX 


*v 


s 


Copyright,  19 10,  by 
The  Russell  Sage  Foundation 


GENERAL 


PRESS    OF    WM.    F.    FELL   CO. 
PHILADELPHIA 


TABLE  OF  CONTENTS 

I'Ac.l. 

I.  SOME  GENERAL  CONSIDERATIONS       .       i 

II.  A  MODEL  TENEMENT  HOUSE  LAW    11-120 

Chapter  I 
General  Provisions 13 

Chapter  II 

New  Buildings 21 

Title  1.  Light  arid  Ventilation      .        .        .21 

Title  2.  Sanitation 36 

Title  3.  Fire  Protection        ....      44 

Chapter  III 
Alterations -57 

Chapter  IV 
Maintenance 69 

Chapter  V 
Improvements 89 

Chapter  VI 
Requirements  and  Remedies        .        .        .        .105 

Index 123 

v 


i  Ouoo 


I 

SOME  GENERAL  CONSIDERATIONS 


OF   THE 

UNIVERSITY 

OF 


I 
SOME  GENERAL  CONSIDERATIONS 

WHEREVER  tenement  reform  is  under- 
taken much  time  and  effort  are  usually 
given  to  the  preparation  of  a  housing 
law.  This  is  a  difficult  task,  accomplished  only  after 
much  labor  by  one  or  two  public-spirited  citizens 
who,  as  a  rule,  come  to  it  unprepared.  When  put 
into  practise  it  frequently  develops  that  many  im- 
portant matters  have  been  overlooked,  that  some 
parts  have  been  so  drawn  as  not  to  accomplish 
what  was  intended,  that  others  are  so  involved 
that  they  are  understood  neither  by  the  officials 
who  have  to  enforce  them  nor  by  the  citizens 
who  are  called  upon  to  obey  them.  The  usual 
procedure  heretofore  has  been  to  take  the  New 
York  law  as  a  base,  comparing  it  in  some  instances 
with  similar  laws  of  other  cities,  and  then  to  make 
such  changes  as  seem  desirable.  This  method 
has  not  proved  very  satisfactory. 

The  present  New  York  law  when  originally 
enacted,  nine  years  ago,  was  comparatively  simple 
— today,  because  of  frequent  amendment,  it  is 
rather  complicated.  It  is,  moreover,  framed  to 
meet  the  peculiarly  aggravated  conditions  which 

3 


A  MODEL  TENEMENT  HOUSE  LAW 

prevail  there  and  which  exist  to  the  same  degree 
in  no  other  city.  In  addition,  excellent  as  the 
New  York  law  is,  it  is  by  no  means  ideal  but  only 
the  best  law  that  could  be  obtained  at  the  time 
of  its  passage.  In  this  connection  it  should  be 
remembered  that  its  enactment  was  secured 
forty  years  too  late;  that  then  conditions  had  so 
developed,  property  values  had  increased  so  ab- 
normally through  so  many  years,  the  existing 
types  of  multiple  dwelling  had  become  so  fixed 
that  it  was  not  possible  at  that  late  day  to  more 
nearly  approach  ideal  standards.     To  illustrate: 

The  New  York  law  limits  the  height  of  non- 
fireproof  tenement  houses  hereafter  erected  to 
six  stories.  This  in  no  sense  represented  the  views 
of  the  framers  of  that  law  as  to  what  was  desirable. 

Had  conditions  permitted,  they  would  gladly 
have  recommended  that  the  limit  be  fixed  at  four 
stories  and  even  three  stories.  But  this  was  not 
practicable  in  1901  when  the  law  was  enacted. 
Owing  to  the  high  land  values  and  the  cost  of 
building,  a  four-story  tenement  could  not  then 
have  been  erected  on  Manhattan  Island  and  made 
to  pay;  nor  indeed  could  a  five-story  one,  without 
unduly  raising  rents  and  seriously  increasing  the 
cost  of  living.  In  other  words,  the  law  repre- 
sents not  ideal  standards,  but  only  those  stand- 
ards that  were  possible  of  adoption  at  the  time  of 
its  enactment. 

How  unwise,  therefore,  for  other  cities  to  copy 
arbitrarily  such  requirements  and  embody  them 


SOME    GENERAL   CONSIDERATIONS 

in  their  statutes.  No  American  city  today  need 
be  satisfied  with  the  New  York  standard  for  the 
limitation  of  height  of  new  non-fireproof  tene- 
ments. Very  few  cities  need  fix  their  standard  at 
five  stories,  while  many  may  still  safely  keep  it 
at  four,  and  most  of  them  at  three. 

Similarly,  with  regard  to  the  provision  for  open 
spaces  for  light  and  ventilation.  In  New  York 
it  is  not  possible  today  to  fix  the  minimum  depth 
of  yards  in  new  six-story  tenements  at  more  than 
thirteen  feet;  anything  more  than  this  would 
make  the  building  of  such  houses  in  Manhattan 
unprofitable  owing  to  the  excessive  land  values 
which  there  prevail.  In  other  cities,  however, 
it  is  still  entirely  feasible  to  fix  such  standards  at 
twenty  or  even  twenty-five  feet.  So,  with  regard 
to  the  percentage  of  lot  that  may  be  occupied,  the 
New  York  law  limits  this  to  70  per  cent;  other 
cities  can  and  should  fix  the  limits,  while  it  is  still 
possible,  at  60  and  even  50  per  cent. 

For  these  reasons  the  New  York  law  is  not  to  be 
closely  copied  by  other  American  cities;  nor  is  it 
the  right  standard  for  those  cities.  Other  com- 
munities where  housing  evils  are  not  so  firmly 
entrenched  can  adopt  higher  standards  than  today 
are  possible  in  New  York. 

It  is  because  of  all  these  considerations  that  the 
"Model  Law"  has  been  prepared.  It  is  not 
meant  to  be  an  ideal  or  perfect  statute.  It  is  not 
in  that  sense  "model".  It  is  intended,  however, 
to  serve  as  a  working  model.     It  is  meant  as  the 

5 


A  MODEL  TENEMENT  HOUSE  LAW 

basis  of  a  tenement  house  law  for  every  American 
city. 

All  those  enactments  which  any  city  would 
wish  to  make  to  regulate  past,  present  and  pros- 
pective housing  evils  have  been  included. 

It  has  been  prepared  for  practical  use  by  lay- 
men, as  well  as  by  lawyers  and  public  officials,  and 
has  been  kept  as  simple  and  concise  in  form  as  it 
is  possible  to  make  it. 

Housing  laws  deal  with  the  construction  of  new 
buildings,  the  alteration  of  existing  ones  and  the 
maintenance  of  all,  and  are  used  therefore  by 
many  different  classes  in  the  community:  build- 
ers, architects,  plumbers,  iron  workers,  owners, 
tenants,  social  workers.  Ordinarily  each  in- 
dividual is  compelled  to  hunt  through  all  parts  of 
a  tenement  law  to  find  those  provisions  in  which 
he  is  interested. 

In  this  respect  the  model  law  represents  a  great 
advance.  The  various  provisions  have  here  been 
so  classified  that  each  person  can  quickly  and 
readily  find  those  matters  which  interest  him.  A 
builder  need  only  consider  the  provisions  of  one 
chapter  of  the  law,  viz.,  that  relating  to  "New 
Buildings ".  A  man  wishing  to  alter  his  house 
will  find  everything  bearing  on  it  in  one  separate 
chapter  entitled  " Alterations" ;  the  landlord 
will  find  grouped  together  under  "Maintenance", 
in  another  chapter,  all  those  provisions  which 
govern  the  maintenance  of  such  houses;  and  here, 


SOME    GENERAL   CONSIDERATIONS 

too,  tenants  and  social  workers  will  find  what 
they  want  to  know. 

The  law  is  divided  into  six  chapters:  Chapter  I, 
General  Provisions  (including  Definitions).  Chap- 
ter II,  New  Buildings.  (This  again  is  divided  into 
three  divisions:  Title  i.  Light  and  Ventilation. 
Title  2.  Sanitation.  Title  3.  Fire  Protection). 
Chapter  III,  Alterations.  Chapter  IV,  Mainte- 
nance. Chapter  V,  Improvements,  and  Chapter 
VI,  Requirements  and  Remedies. 

Another  advantage  of  this  plan  of  classification 
is  that  it  enables  people  in  a  given  community  to 
adapt  their  laws  to  local  needs  and  conditions.  Take 
for  instance  the  difficult  and  perplexing  problem 
of  compulsory  improvements  in  the  older  houses, 
the  cutting  in  of  windows,  the  removal  of  privies 
and  the  installation  of  modern  plumbing,  etc.  No 
features  of  a  tenement  house  law  arouse  so  much 
opposition  as  these,  and  naturally  so.  Owners 
who  have  been  permitted  for  years  to  maintain 
their  houses  in  a  certain  condition,  when  suddenly 
called  upon  to  make  extensive  alterations — some- 
times at  considerable  cost,  and  often  without  any 
compensating  financial  return — are  naturally 
roused  into  active  opposition. 

With  the  plan  of  classification  adopted  in  the 
Model  Law,  which  puts  all  these  requirements  for 
compulsory  improvements  in  a  separate  chapter, 
it  becomes  possible  for  persons  interested  in  hous- 
ing reform  in  any  city,  in  formulating  their  legis- 
lation, either  to  omit  entirely  such  requirements, 

7 


A  MODEL  TENEMENT  HOUSE  LAW 

or  to  postpone  their  enactment  for  a  few  years, 
until  the  more  fundamental  requirements  for  the 
proper  maintenance  of  such  houses,  and  the 
regulation  of  the  types  of  new  buildings  have  been 
secured  and  the  community  has  become  accus- 
tomed to  the  new  order  of  things  and  adjusted 
itself  to  it. 

The  model  law  thus  enables  each  community 
to  proceed  intelligently  and,  as  conditions  war- 
rant, either  to  legislate  for  the  remedy  of  all  evils 
at  one  step,  or  to  proceed  cautiously,  one  step  at  a 
time — one  year  taking  up  the  proper  maintenance 
of  tenement  houses,  another  year  the  regulation  of 
new  buildings,  and  later  the  improvement  of  the 
older  ones. 

A  tenement  law  to  be  effective  should  be  ad- 
justed to  local  needs.  What  is  necessary  and 
permissible  in  New  York,  may  not  be  necessary  in 
Chicago  or  Philadelphia.  To  meet  this  situation, 
a  plan  has  been  adopted  of  printing  in  capital 
letters  those  standards  which  may  vary  in  each 
city;  thus,  in  the  provision  dealing  with  the 
percentage  of  lot  permitted  to  be  occupied,  in  the 
model  law  this  is  fixed  at  SIXTY  per  cent.  Some 
cities  will  wish  to  limit  it  to  fifty,  others  to  sixty- 
five,  others  to  seventy,  etc.;  all  that  each  city 
needs  to  do  is  to  change  the  one  word  SIXTY  and 
leave  the  rest  of  the  section  as  it  is.  The  con- 
venience of  such  a  plan  is  obvious. 

It  should  be  distinctly  understood  that  where 
there  is  no  featuring  of  a  standard,  it  means  that 

8 


SOME    GENERAL   CONSIDERATIONS 

the  requirement  is  deemed  right  for  every  city, 
and  should  be  enacted  without  change,  if  enacted 
at  all. 

Some  cities  will  find  it  desirable  to  omit  many 
sections  of  the  law,  others  to  omit  whole  chapters. 
Too  much  emphasis  cannot  be  placed  upon  ad- 
hering strictly  to  the  phraseology  and  punctuation 
of  the  Model  Law.  Efforts  should  not  be  made 
to  "improve"  or  "simplify"  it.  Every  word, 
every  comma  has  been  weighed  and  has  its  exact 
meaning.  Many  of  the  provisions  have  stood  the 
test  of  many  years'  enforcement  and  interpreta- 
tion. 

After  each  section,  will  be  found  explanatory 
notes  giving  briefly  the  reasons  for  its  enactment 
and  commenting  on  the  more  important  points. 

One  word  as  to  Housing  Laws  and  Tenement 
House  Laws.  There  is  a  difference.  This  is  a 
Model  Tenement  House  Law,  not  a  model  housing 
law.  It  applies  and  is  intended  to  apply  only  to 
multiple  dwellings;  that  is,  tenement  houses. 
The  standard  fixed  in  the  model  law,  differen- 
tiating the  two,  is  the  standard  that  has  been 
adopted  in  most  American  cities,  namely,  the 
occupancy  by  three  families  or  more.  If  it  is 
desired  to  raise  this  standard,  to  bring  two-family 
houses  under  the  law,  this  can  be  done  by  simply 
changing  one  word  in  the  definition  of  a  tenement 
house.  Similarly,  if  it  is  desired  to  make  this  a 
housing  law  applicable  to  all  dwelling  houses, 
this  can  be  done  by  changing  the  title,  by  sub- 

9 


A  MODEL  TENEMENT  HOUSE  LAW 

stituting  for  the  definition  of  a  tenement  house,  a 
definition  of  a  dwelling  house,  and  by  changing 
the  words  "tenement  house"  wherever  they  occur 
to  "dwelling  house".  If  this  is  done,  however, 
the  law  should  be  subjected  to  the  closest  scru- 
tiny to  determine  whether  all  of  its  provisions 
should  then  be  retained. 

It  is  presupposed  that  the  principles  which 
govern  tenement  house  legislation,  as  well  as  the 
problems  involved  in  the  administration  of  such 
statutes,  all  discussed  fully  in  "  Housing  Reform",* 
are  known  to  the  reader. 

*  Housing  Reform.  By  Lawrence  Veiller.  With  Foreword  by 
Robert  W.  deForest.  Charities  Publication  Committee,  New  York, 
1910.     214  pages.     Price,  postpaid,  $1.25. 


10 


II 

A  MODEL  TENEMENT  HOUSE  LAW 


^ 


AN  ACT 
In  Relation  to  Tenement  Houses  in  Cities  of 


The  People  of  the  State  of  , 

represented  in  Senate  and  Assembly,  do  enact 
as  follows: 

Chapter  I 

GENERAL  PROVISIONS 

§  i.  Short  Title.  This  act  shall  be  known  as 
the  Tenement  House  Act. 

§  2.  Definitions.  Certain  words  in  this  act 
are  defined  for  the  purposes  thereof  as  follows. 
Words  used  in  the  present  tense  include  the  future; 
words  in  the  masculine  gender  include  the  femi- 
nine and  neuter;  the  singular  number  includes 
the  plural  and  the  plural  the  singular;  the  word 
"person"  includes  a  corporation  as  well  as  a 
natural  person. 

(i)  A  "tenement  house"  is  any  house  or  build- 
ing, or  portion  thereof,  which  is  rented,  leased, 
let  or  hired  out,  to  be  occupied,  or  is  occupied,  or 
is  intended,  arranged  or  designed  to  be  occupied 
as  the  home  or  residence  of  THREE  families  or 

*3 


A  MODEL  TENEMENT  HOUSE  LAW 

more  living  independently  of  each  other,  and 
doing  their  cooking  upon  the  premises,  and  having 
a  common  right  in  the  halls,  stairways,  yard, 
cellar,  water-closets  or  privies,  or  some  of  them, 
and  includes  apartment  houses  and  flat  houses. 

This  definition  includes  all  classes  of  mul- 
tiple dwellings  containing  three  families  or 
more,  whether  popularly  known  as  tenements, 
flats  or  apartments.  Pressure  will  be  brought 
to  exclude  from  the  provisions  of  a  tenement 
law  the  better  grade  flats  and  apartments. 
This  should  not  be  done.  There  are  no  pro- 
visions of  the  law  which  apply  to  the  cheapest 
tenement  which  should  not  equally  apply 
to  the  highest  class  apartment  and  flat.  The 
rich  as  well  as  the  poor  are  entitled  to  light 
and  air,  proper  sanitation,  privacy,  and 
reasonable  fire  protection.  There  is  also  no 
way  of  drawing  a  legal  distinction  between 
these  various  classes  of  tenements  which 
will  be  sound  and  which  will  not  result  in 
evasion  and  nullification  of  the  statute. 

If,  for  reasons  of  policy,  it  is  desired  not  to 
emphasize  this  issue,  the  last  phrase  of  the 
section  reading  as  follows:  "and  includes 
apartment  houses  and  flat  houses"  may  be 
omitted.  The  legal  effect  of  the  section  will 
be  the  same  without  it.  It  should  be  noted 
that  this  definition  does  not  include  hotels 
nor  lodging  houses.  It  should  not  do  so. 
The  problems  of  the  common  lodging  house 
occupied  by  homeless  men  or  homeless  women 
are  totally  different  from  the  problems  of 
14 


GENERAL    PROVISIONS 

the  tenement  house  occupied  by  families. 
The  two  should  not  be  confused.  No  city 
should  set  its  standard  of  what  constitutes 
a  tenement  house  at  more  than  three  families. 
Some  cities  may  find  it  desirable  to  make  the 
standard  two  families,  though  this  is  a  large 
question. 

(2)  A  "yard"  is  an  open  unoccupied  space  on 
the  same  lot  with  a  tenement  house,  between  the 
extreme  rear  line  of  the  house  and  the  extreme 
rear  line  of  the  lot. 

The  words  "on  the  same  lot"  are  essential. 
Do  not  permit  the  lighting  of  buildings  from 
open  spaces  on  other  premises,  as  ultimately 
these  may  be  built  up  and  the  light  is  then 
withdrawn. 

(3)  A  "court"  is  an  open  unoccupied  space, 
other  than  a  yard,  on  the  same  lot  with  a  tenement 
house.  A  court  not  extending  to  the  street  or 
yard  is  an  inner  court.  A  court  extending  to  the 
street  or  yard  is  an  outer  court. 

The  comment  appended  to  the  preceding 
section  applies  equally  to  this. 

(4)  A  "shaft"  includes  exterior  and  interior 
shafts,  whether  for  air,  light,  elevator,  dumb- 
waiter, or  any  other  purpose. 

(5)  A  "public  hall"  is  a  hall,  corridor  or  pas- 
sageway not  within  an  apartment. 

(6)  A  "stair  hall"  includes  the  stairs,  stair 
landings  and  those  portions  of  the  public  halls 

15 


A  MODEL  TENEMENT  HOUSE  LAW 

through  which  it  is  necessary  to  pass  in  going  be- 
tween the  entrance  floor  and  the  roof. 

(7)  A  "basement"  is  a  story  partly  but  not 
more  than  one-half  below  the  level  of  the  curb. 

(8)  A  "cellar"  is  a  story  more  than  one-half 
below  the  level  of  the  curb. 

(9)  A  "fireproof  tenement  house"  is  one  the 
walls  of  which  are  constructed  of  brick,  stone, 
cement,  iron  or  other  hard  incombustible  ma- 
terial, and  in  which  there  are  no  wood  beams  or 
h&tels,  and -in  which  the  floors,  roofs,  stair  halls 
and  public  halls  are  built  entirely  of  brick,  stone, 
cement,  iron  or  other  hard  incombustible  material, 
and  in  which  no  woodwork  or  other  inflammable 
material  is  used  in  any  of  the  partitions,  furrings 
or  ceilings.  But  this  definition  shall  not  be  con- 
strued as  prohibiting,  elsewhere  than  in  the  stair 
halls  or  entrance  halls,  the  use  of  wooden  flooring 
on  top  of  the  fireproof  floors  or  the  use  of  wooden 
sleepers,  nor  as  prohibiting  wooden  handrails  and 
hard-wood  treads  such  as  described  in  section 
forty-four  of  this  act. 

(10)  A  "wooden  building"  is  a  building  of 
which  the  exterior  walls  or  a  portion  thereof  are 
of  wood. 

(11)  The  word  "nuisance"  shall  be  held  to 
embrace  public  nuisance  as  known  at  common 
law  or  in  equity  jurisprudence;  and  it  is  further 
enacted  that  whatever  is  dangerous  to  human 
life  or  detrimental  to  health;  whatever  building 
or  erection,  or  part  or  cellar  thereof,  is  over- 

16 


GENERAL    PROVISIONS 

crowded  with  occupants,  or  is  not  provided  with 
adequate  ingress  and  egress  to  and  from  the  same, 
or  the  apartments  thereof,  or  is  not  sufficiently 
supported,  ventilated,  sewered,  drained,  cleaned 
or  lighted,  in  reference  to  their  or  its  intended  or 
actual  use;  and  whatever  renders  the  air  or 
human  food  or  drink,  unwholesome,  are  also 
severally  in  contemplation  of  this  act,  nuisances; 
and  all  such  nuisances  are  hereby  declared  illegal. 

(12)  The  word  "shall"  is  always  mandatory 
and  not  directory,  and  denotes  that  the  house 
shall  be  maintained  in  all  respects  according  to 
the  mandate  as  long  as  it  continues  to  be  a  tene- 
ment house. 

This  is  important.  Without  it,  the  word 
"shall"  is  sometimes  construed  by  the  courts 
to  mean  "may".  Many  of  the  provisions  of 
the  law  should  be  mandatory,  not  permissive, 
especially  the  provisions  relating  to  new 
buildings.  The  phrase  also  that  "the  house 
shall  be  maintained  in  all  respects  according 
to  the  mandate"  is  important  as  it  prohibits 
the  alteration  of  such  a  building  after  it  has 
been  erected,  otherwise  than  in  accordance 
with  the  law. 

(13)  Wherever  the  words  "charter/'  "ordi- 
nances," "regulations,"  "department  of  build- 
ings," "health  department,"  "department  charged 
with  the  enforcement  of  this  act,"  "corporation 
counsel,"  "city  treasury"  or  "fire  limits"  occur 
in  this  act  they  shall  be  construed  as  if  followed 

2  17 


A  MODEL  TENEMENT  HOUSE  LAW 

by  the  words  "of  the  city  in  which  the  tenement 
house  is  situated."  Wherever  the  words  "is 
occupied"  are  used  in  this  act,  applying  to  any 
building,  such  words  shall  be  construed  as  if 
followed  by  the  words  "or  is  intended,  arranged 
or  designed  to  be  occupied." 

(14)  The  "height"  of  a  tenement  house  is  the 
perpendicular  distance  measured  in  a  straight 
line  from  the  curb  level  to  the  highest  point  of  the 
roof  beams,  the  measurements  in  all  cases  to  be 
taken  through  the  center  of  the  facade  of  the  house. 
Where  a  building  is  on  a  corner  lot  and  there  is 
more  than  one  grade  or  level,  the  measurements 
shall  be  taken  through  the  center  of  the  facade  on 
the  street  having  the  greatest  grade. 

§  3.  Buildings  Converted  or  Altered.  A 
building  not  erected  for  use  as  a  tenement  house, 
if  hereafter  converted  or  altered  to  such  use, 
shall  thereupon  become  subject  to  all  the  pro- 
visions of  this  act  affecting  tenement  houses  here- 
after erected. 

Without  this  provision  the  law  can  be 
completely  evaded  by  erecting  all  new  build- 
ings in  the  guise  of  alterations  to  existing 
houses  leaving  a  portion  of  the  building  stand- 
ing for  a  while,  while  the  new  work  is  going 
on,  and  then  tearing  down  that  portion  and 
later  rebuilding  there;  thus,  ultimately,  get- 
ting a  new  building  without  compliance  with 
the  law.     In  addition,  without  this  the  ten- 


GENERAL    PROVISIONS 

dency  would  be  to  alter  existing  houses  rather 
than  to  build  new  tenements,  which  should 
be  discouraged  as  this  tends  to  perpetuate 
the  evils  of  the  older  buildings. 

§  4.  Alterations  and  Change  in  Occupancy. 
No  tenement  house  hereafter  erected  shall  at  any 
time  be  altered  so  as  to  be  in  violation  of  any 
provision  of  this  act.  And  no  tenement  house 
erected  prior  to  the  passage  of  this  act  shall  at 
any  time  be  altered  so  as  to  be  in  violation  of 
those  provisions  of  this  act  applicable  to  such 
tenement  houses.  If  any  tenement  house  or  any 
part  thereof  is  occupied  by  more  families  than 
provided  in  this  act,  or  is  erected,  altered  or 
occupied  contrary  to  law,  such  tenement  house 
shall  be  deemed  an  unlawful  structure,  and  the 
health  department  may  cause  such  building  to 
be  vacated.  And  such  building  shall  not  again 
be  occupied  until  it  or  its  occupation,  as  the  case 
may  be,  has  been  made  to  conform  to  the  law. 

No  tenement  house  should  be  permitted 
to  be  altered  so  as  to  be  in  violation  of  the 
law.  Nor  should  it  be  occupied  in  future  by 
more  families  than  that  for  which  it  was  in- 
tended at  the  time  it  was  built. 

§  5.  Law  Not  to  be  Modified.  Except  as 
herein  otherwise  specified,  every  tenement  house 
shall  be  constructed  and  maintained  in  conform- 
ity with  the  existing  law,  but  no  ordinance,  regu- 
lation or  ruling  of  any  municipal  authority  shall 

19 


OF   TH£ 

UNIVERSITY 


A  MODEL  TENEMENT  HOUSE  LAW 

repeal,    amend,    modify    or    dispense    with    any 
provision  of  this  act. 

This  is  one  of  the  most  important  sections 
of  the  whole  law.  It  prevents  the  misuse  of 
so-called  "discretionary  power".  It  is  of 
little  value  to  work  out  carefully  in  detail, 
the  exact  requirements  that  are  necessary, 
for  instance,  to  ensure  adequate  light  and 
ventilation  or  proper  sanitation,  if  some  local 
official  has  the  power  at  any  time  to  set  aside 
or  modify,  at  his  pleasure,  these  essential 
requirements.  The  section  as  drawn  will 
prevent  any  modification  of  the  act  (in  case 
it  is  a  state  law  by  local  boards  of  aldermen 
or  similar  bodies)  by  the  Health  Commissioner, 
or  by  the  Superintendent  of  Buildings,  or  by 
any  board  of  examiners  or  board  of  appeal 
attached  to  the  building  department. 

§6.  Time  for  Compliance.  All  improve- 
ments specifically  required  by  this  act  upon  tene- 
ment houses  erected  prior  to  the  date  of  its  pas- 
sage, shall  be  made  within  ONE  YEAR  from 
said  date,  or  at  such  earlier  period  as  may  be 
fixed  by  the  health  department. 

If  chapter  V  dealing  with  improvements 
to  existing  houses  is  not  included  in  a  par- 
ticular tenement  law,  this  section  is  then 
unnecessary  and  should  be  omitted. 


20 


CHAPTER  II 


NEW  BUILDINGS 


In  this  Chapter  will  be  found  all  the 
Provisions  which  must  be  Observed  when  a 
Person  Proposes  to  Build  a  New  Tenement 
House,  or  to  Convert  or  Alter  to  such  Pur- 
poses a  Building  which  is  not  then  a  Tenement 
House. 


Chapter  II 
NEW  BUILDINGS 

TITLE  i— LIGHT  AND  VENTILATION 

§  io.*  Percentage  of  Lot  Occupied.  No 
tenement  house  hereafter  erected  shall  occupy 
more  than  EIGHTY  per  centum  of  a  corner  lot, 
nor  more  than  SIXTY  per  centum  of  any  other 
lot;  the  measurements  shall  be  taken  at  the 
ground  level. 

In  some  cities  it  is  permitted  to  take  the 
measurements  at  the  level  of  the  second  tier 
of  beams;  that  is,  to  permit  the  yard  spaces 
and  in  some  cases  the  court  spaces  to  be  cov- 
ered over  on  the  ground  floor,  especially  in  the 
case  of  corner  buildings.  For  interior  lots 
this  is  not  necessary  in  any  American  city. 
For  corner  lots  it  may  be  necessary  in  some 
cities.  It  is  only  necessary  where  land- 
values  are  abnormally  high  and  there  is  the 
necessity  of  using  much  ground-floor  space  for 
shops. 

*  Following  the  custom  in  many  states,  gaps  are  purposely  left 
in  the  numbering  of  the  sections  so  as  to  provide  for  new  sections 
which  later  it  may  be  found  necessary  to  enact,  thus  preserving  the 
continuity  of  the  numbering.  Under  this  system  chapter  I  ends 
with  section  6,  and  chapter  II  begins  with  section  io.  Chapter  II 
ends  with  section  52  and  chapter  III  begins  with  section  60. 

23 


A  MODEL  TENEMENT  HOUSE  LAW 

§n.  Height.  No  tenement  house  hereafter 
erected  shall  exceed  in  height  THE  WIDTH  of  the 
widest  street  upon  which  it  stands. 

§  12.  Yards.  Behind  every  tenement  house 
hereafter  erected  there  shall  be  a  yard  extending 
across  the  entire  width  of  the  lot,  and  at  every 
point  open  from  the  ground  to  the  sky  unob- 
structed. The  depth  of  said  yard,  measured 
from  the  extreme  rear  wall  of  the  house  to  the 
rear  line  of  the  lot,  shall  be  proportionate  to  the 
height  of  the  building.  In  the  case  of  tenement 
houses  hereafter  erected  which  are  FORTY- 
EIGHT  FEET  in  height,  the  yard  shall  be  not 
less  than  EIGHTEEN  FEET  in  depth  in  every 
part.  Said  yard  shall  be  increased  in  depth  TWO 
FEET  for  every  additional  TWELVE  FEET  of 
height  of  the  building,  or  fraction  thereof;  and 
may  be  decreased  in  depth  TWO  FEET  for  every 
TWELVE  FEET  of  height  of  the  building  less 
than  FORTY-EIGHT  FEET;  but  it  shall  never 
be  less  than  FIFTEEN  FEET  in  depth  in  any 
part. 

The  yards  of  both  corner  and  interior  lots 
are  here  placed  on  the  same  basis,  and  the 
same  minimum  established  for  each.  This  is 
desirable  as  affording  adequate  means  of  ven- 
tilating the  interior  of  blocks.  In  many 
cities  yards  of  corner  buildings  are  allowed 
to  be  considerably  less  than  yards  of  build- 
ings on  interior  lots.  If  this  is  found  desir- 
able this  section  should  be  amended  as  fol- 
24 


NEW    BUILDINGS 

lows:  line  eight  after  the  words  "In  the 
case  of  tenement  houses  hereafter  erected 
which  are  FORTY-EIGHT  FEET  in  height, 
the  yard"  insert  the  following:  "on  lots  other 
than  a  corner  lot."  Also  in  line  eleven  after 
the  words  "EIGHTEEN  FEET  in  depth  in 
every  part",  insert  the  following:  "and  on 
corner  lots  the  yard  shall  he  not  less  than 
TWELVE  FEET  in  depth  in  every  part".  And 
at  the  end  of  said  section  add  the  following: 
"in  the  case  of  lots  other  than  a  corner 
lot,  nor  in  the  case  of  corner  lots  less  than 
TWELVE  FEET  in  depth  in  any  part." 

§  13.  Courts.  The  sizes  of  all  courts  shall  be 
proportionate  to  the  height  of  the  building.  No 
court  shall  be  less  in  any  part  than  the  minimum 
sizes  prescribed  in  this  section.  In  the  case  of 
tenement  houses  hereafter  erected  which  are 
FORTY-EIGHT  FEET  in  height,  the  width  of 
all  courts  shall  be  not  less  than  TWELVE 
FEET  in  any  part;  and  for  every  TWELVE 
FEET  of  increase  or  fraction  thereof  in  the 
height  of  the  said  building,  such  width  shall  he 
increased  ONE  FOOT  throughout  the'  entire 
height  of  said  court;  and  for  every  TWELVE 
FEET  of  decrease  in  the  height  of  the  said 
building  below  FORTY-EIGHT  FEET  such 
width  may  be  decreased  ONE  FOOT,  but  no 
court  shall  ever  be  less  than  TEN  FEET  in 
width  in  any  part.  In  the  case  of  inner  courts, 
the  length  of  such  courts  shall  never  be  less  than 

25 


A  MODEL  TENEMENT  HOUSE  LAW 

TWICE  the  minimum  width  prescribed  by  this 
section. 

The  minimum  width  of  such  courts  must 
be  measured  from  the  wall  of  the  court  to 
the  lot  line  of  the  property.  Vacant  lots  on 
adjoining  premises  cannot  wisely  be  included, 
as  later  they  may  be  built  upon  and  the  light 
and  air  will  be  shut  out.  The  only  way  to  en- 
sure permanent  adequate  light  and  ventilation 
is  to  provide  it  on  the  same  premises.  The 
minima  here  established  are  intended  to  be 
the  minima  for  each  lot. 

§  14.  Courts  Open  at  Top.  No  court  of  a 
tenement  house  hereafter  erected  shall  be  covered 
by  a  roof  or  skylight,  but  every  such  court  shall 
be  at  every  point  open  from  the  ground  to  the  sky 
unobstructed. 

§  15.  Air-Intakes.  Every  inner  court  shall 
be  provided  with  two  or  more  horizontal  air- 
intakes  at  the  bottom.  One  such  intake  shall 
always  communicate  directly  with  the  street  and 
one  with  the  yard,  and  shall  consist  of  a  fireproof 
passageway  not  less  than  three  feet  wide  and 
seven  feet  high  which  shall  be  left  open,  or  be 
provided  with  an  open  gate  at  each  end. 

The  purpose  of  this  requirement  is  to  provide 
a  means  of  renewing  the  air  in  inner  courts. 
Most  air  currents  are  horizontal;  without 
these  intakes  or  tunnels  the  air  in  an  inner 
court  is  pretty  sure  to  be  stagnant  most  of 
26 


NEW    BUILDINGS 

the  time  except  at  the  top  story.  With 
this  provision,  however,  excellent  ventilation 
is  furnished.  This  system  has  been  in  vogue 
for  some  years  in  other  cities  and  has  given 
great  satisfaction.  These  tunnels  also  afford 
means  of  exit  from  the  yard  to  the  street  in 
case  of  fire. 

§  1 6.  Angles  in  Courts.  Nothing  contained 
in  the  foregoing  sections  concerning  courts  shall 
be  construed  as  preventing  windows  at  the  angles 
of  said  courts,  provided  that  the  running  length  of 
the  wall  containing  such  windows  does  not  exceed 
six  feet. 

This  is  to  permit  cutting  off  the  corner  of 
a  court  so  as  to  secure  a  window  at  an  angle, 
thus  obtaining  better  light.  The  limitation 
to  six  feet  in  length  of  the  portion  of  the 
wall  thus  set  at  an  angle  is  necessary,  as 
otherwise  evasion  of  the  requirement  establish- 
ing the  minimum  width  of  the  court  would  be 
possible;  the  wall  running  at  an  angle  might 
be  made  so  as  to  almost  coincide  with  the  en- 
tire length  of  the  court,  thus  materially  reduc- 
ing the  width  desired. 

§  17.  Rear  Tenements.  No  tenement  house 
shall  hereafter  be  erected  upon  the  rear  of  a  lot 
where  there  is  a  tenement  house  on  the  front  of  the 
said  lot,  nor  upon  the  front  of  any  such  lot  upon 
the  rear  of  which  there  is  such  a  tenement  house. 

It  would  seem  that  rear  tenements  should 
not  be  built  in  the  future.     If  it  is  desired 
27 


A  MODEL  TENEMENT  HOUSE  LAW 

to  permit  them,  all  that  is  necessary  to  do  is 
to  omit  this  section.  The  subsequent  sec- 
tion will  entirely  provide  for  the  conditions 
under  which  such  houses  may  be  built. 

§  18.  Buildings  on  Same  Lot  with  Tene- 
ment Houses.  If  any  building  is  hereafter  placed 
on  the  same  lot  with  a  tenement  house  there  shall 
always  be  maintained  between  the  said  buildings 
an  open  unoccupied  space  extending  upwards 
from  the  ground  and  extending  across  the  entire 
width  of  the  lot;  where  either  building  is  FORTY- 
EIGHT  FEET  in  height  such  open  space  shall  be 
TWENTY-FOUR  FEET  from  wall  to  wall;  and 
for  every  TWELVE  FEET  of  increase  or  fraction 
thereof  in  the  height  of  such  building,  such  open 
space  shall  be  increased  TWO  FEET  in  depth 
throughout  its  entire  width,  and  for  every 
TWELVE  FEET  of  decrease  in  the  height  of 
such  building  below  FORTY-EIGHT  FEET,  the 
depth  of  such  open  space  may  be  decreased  TWO 
FEET.  And  no  building  of  any  kind  shall  be 
hereafter  placed  upon  the  same  lot  with  a  tene- 
ment house  so  as  to  decrease  the  minimum  size 
of  courts  or  yards  as  hereinbefore  prescribed. 
And  if  any  tenement  house  is  hereafter  erected 
upon  any  lot  upon  which  there  is  already  another 
building,  it  shall  comply  with  all  of  the  provisions 
of  this  act,  and  in  addition  the  space  between  the 
said  building  and  the  said  tenement  house  shall 
be  of  such  size  and  arranged  in  such  manner  as 
is  prescribed  in  this  section,  the  height  of  the 

28 


NEW    BUILDINGS 

highest  building  on   the  lot  to  regulate  the  di- 
mensions. 

If  there  are  to  be  in  the  future  several 
buildings  on  the  same  lot,  it  is  essential  that 
there  should  be  an  ample  open  space  between 
the  buildings  and  also  at  the  rear  of  the  rear 
building,  so  that  all  rooms  will  have  adequate 
light  and  ventilation.  This  section  applies 
to  the  case  of  a  building  not  a  tenement  be- 
ing placed  on  the  same  lot  with  a  tenement 
house  either  on  the  front,  rear  or  side,  and 
limits  the  minimum  size  of  open  space  pro- 
portionately to  the  height  of  the  buildings. 
It  also  provides  for  the  case  where  a  tene- 
ment house  is  built  on  a  lot  where  there  is  no 
tenement  house  at  present  but  where  there  are 
other  buildings. 

§  19.  Rooms,  Lighting  of  and  Ventilation 
of.  In  every  tenement  house  hereafter  erected 
every  room,  including  water-closet  compartments 
and  bath-rooms,  shall  have  at  least  one  window 
opening  directly  upon  the  street  or  upon  a  yard 
or  court  of  the  dimensions  specified  in  this  chapter 
and  such  window  shall  be  so  located  as  to  properly 
light  all  portions  of  such  rooms. 

§20.  Windows  in  Rooms.  In  every  tenement 
house  hereafter  erected  the  total  window  area  in 
each  room,  including  water-closet  compartments 
and  bath-rooms,  shall  be  at  least  one-tenth  of  the 
superficial  area  of  the  room,  and  the  top  of  at 
least  one  window  shall  not  be  less  than  seven  feet 

29 


A  MODEL  TENEMENT  HOUSE  LAW 

six  inches  above  the  floor,  and  the  upper  half 
of  it  shall  be  made  so  as  to  open  the  full  width. 
No  such  window  shall  be  less  than  twelve  square 
feet  in  area  between  the  stop  beads. 

In  many  cities  windows  for  water-closet 
compartments  and  bath-rooms  are  permitted 
to  be  of  a  small  size.  This  is  unnecessary  and 
undesirable.  Water-closets  in  tenements  need 
larger  windows  even  than  bedrooms,  as  light 
and  ventilation  are  more  necessary  here  than 
in  any  other  part  of  the  house. 

§21.  Rooms,  Size  of.  In  every  tenement 
house  hereafter  erected  all  rooms,  except  water- 
closet  compartments  and  bath-rooms,  shall  be  of 
the  following  minimum  sizes:  In  each  apartment 
there  shall  be  at  least  one  room  containing  not 
less  than  ONE  HUNDRED  AND  FIFTY 
SQUARE  FEET  of  floor  area,  and  each  other 
room  shall  contain  at  least  NINETY  SQUARE 
FEET  of  floor  area.  Each  room  shall  be  in 
every  part  not  less  than  NINE  FEET  high  from 
the  finished  floor  to  the  finished  ceiling. 

It  is  important  not  to  permit  rooms  in  new 
houses  to  be  too  small.  The  standard  estab- 
lished here  is  considered  adequate.  To  make 
bedrooms  larger  as  a  matter  of  compulsory 
regulation  is  not  wise  nor  necessary.  The 
requirement  that  one  other  room  in  each 
apartment  shall  be  of  a  certain  size  means 
that  either  the  kitchen,  the  parlor  or  the 
dining  room  shall  be  of  such  size.  It  is  not 
30 


NEW    BUILDINGS 

wise  to  limit  it  definitely  to  the  so-called 
"living  room"  as  it  too  closely  restricts  the 
planning  of  the  building.  Rooms  in  new 
houses  should  not  be  less  than  nine  feet  high 
when  finished. 

§22.  Alcoves  and  Alcove  Rooms.  In  a 
tenement  house  hereafter  erected  an  alcove  in  any 
room  shall  be  separately  lighted  and  ventilated 
as  provided  for  rooms  in  the  foregoing  sections 
and  shall  be  not  less  than  NINETY  SQUARE 
FEET  in  area.  No  part  of  any  room  in  a  tene- 
ment house  hereafter  erected  shall  be  enclosed  or 
subdivided  at  any  time,  wholly  or  in  part,  by  a 
curtain,  portiere,  fixed  or  movable  partition  or 
other  contrivance  or  device,  unless  such  part  of 
the  room  so  enclosed  or  subdivided  shall  contain 
a  separate  window  as  herein  required  and  shall 
have  a  floor  area  of  not  less  than  NINETY 
SQUARE  FEET. 

This  section  is  vitally  important.  With- 
out it,  unscrupulous  builders  in  some  cities 
have  built  long  narrow  rooms  and  later  sub- 
divided them  into  two  rooms,  making  half 
of  them  dark  and  without  outside  ventilation. 
This  section  does  not  prohibit  the  alcove 
treatment  of  rooms,  but  does  prohibit  an 
alcove  without  outside  ventilation  and  too 
small  in  size  to  be  used  separately  as  a  room. 

§  23.  Chimneys  and  Fireplaces.  In  every 
tenement  house  hereafter  erected  there  shall  be 
adequate  chimneys  running  through  every  floor 

31 


A  MODEL  TENEMENT  HOUSE  LAW 

with  an  open  fireplace  or  grate,  or  place  for  a 
stove,  for  every  apartment,  properly  connected 
with  one  of  said  chimneys. 

This  provision  is  not  for  the  tenants'  com- 
fort or  convenience  but  is  necessary  to  secure 
proper  ventilation.  It  is  especially  impor- 
tant in  apartments  where  there  is  no 
"through"  ventilation. 

§  24.  Privacy.  In  every  tenement  house  here- 
after erected,  in  each  apartment  access  to  every 
living  room  and  bedroom  and  to  at  least  one  water- 
closet  compartment  shall  be  had  without  passing 
through  any  bedroom. 

This  does  not  mean  that  there  must  be  a 
private  hall  provided  for  each  apartment. 
It  means  that  the  rooms  shall  be  so  arranged 
that  access  to  the  bedrooms  and  one  water- 
closet  compartment  shall  be  either  through 
the  kitchen,  parlor,  library,  dining  room  or 
private  hall.  In  apartments  where  there  are 
several  bath-rooms  and  water-closet  com- 
partments, it  does  not  mean  that  access  to 
every  water-closet  compartment  shall  be  had 
without  passing  through  a  bedroom,  but 
that  there  shall  be  at  least  one  water-closet 
compartment  to  which  access  may  thus  be 
had.  This  provision  is  made  especially  nec- 
essary by  the  practice  of  tenants  taking 
lodgers  and  boarders  into  their  apartments. 

§  25.  Public  Halls.  In  every  tenement  house 
hereafter  erected,  every  public  hall  shall  have  at 

32 


NEW    BUILDINGS 

each  story  at  least  one  window  opening  directly 
upon  the  street  or  upon  a  yard  or  court  of  the 
dimensions  specified  in  this  chapter.  Such  win- 
dow shall  be  at  the  end  of  said  hall  with  the  plane 
of  the  window  at  right  angles  to  the  hall's  axis. 
Any  part  of  a  public  hall  which  is  shut  off  from 
any  other  part  of  said  hall  by  a  door  shall  be 
deemed  a  separate  hall  within  the  meaning  of  this 
section. 

In  some  cities  the  public  halls  are  lighted 
and  ventilated  by  windows  opening  on  courts. 
This  is  not  necessary  in  most  cities  and  not  de- 
sirable in  any.  The  proper  method  is  to  ex- 
tend the  hall  through,  either  to  the  front  or  the 
rear  of  the  building,  thus  securing  a  window 
on  the  street  or  yard.  Where  both  can  be  had 
it  is  best.  This  is  of  great  importance  as  the 
public  halls  and  stairs  are  the  parts  of  the 
building  most  generally  neglected.  If  dark, 
they  are  often  apt  to  be  kept  in  a  filthy  con- 
dition, and  act  as  a  breeding  place  for 
germs  of  tuberculosis  and  other  diseases. 
Dark  halls  also  lead  to  immorality  and 
are  a  serious  sanitary  evil.  Every  effort 
should  be  made  to  get  the  public  halls  and 
stairs  as  light  as  possible.  The  subdivision 
of  a  long  public  hall  by  doors  shutting  it  off 
into  sections  and  thus  creating  dark  portions 
of  it,  should  be  prevented.  The  last  sen- 
tence in  this  section  addresses  itself  to  this 
evil.    There  is  no  objection  to  shutting  off 


33 


A  MODEL  TENEMENT  HOUSE  LAW 

the  halls;  but  if  it  is  done,  the  portions  shut 
off  must  be  separately  lighted  and  ventilated. 

§  26.  Windows  and  Skylights  for  Public 
Halls,  Size  of.  One  at  least  of  the  windows 
provided  to  light  each  public  hall  or  part  thereof 
shall  be  at  least  TWO  FEET  SIX  INCHES  wide 
and  FIVE  FEET  high,  measured  between  stop 
beads.  In  every  such  house  there  shall  be  in  the 
roof,  directly  over  each  stair-well,  a  ventilating 
skylight  provided  with  ridge  ventilators  having  a 
minimum  opening  of  FORTY  SQUARE  INCHES, 
or  such  skylight  shall  be  provided  with  fixed  or 
movable  louvres. 

§  27.  Windows  for  Stair  Halls,  Size  of.  In 
every  tenement  house  hereafter  erected  there  shall 
be  provided  for  each  story  at  least  one  window  to 
light  and  ventilate  each  stair  hall  which  shall  be 
at  least  TWO  AND  A  HALF  FEET  wide  and 
FIVE  FEET  high,  measured  between  the  stop 
beads.  A  sash  door  shall  be  deemed  the  equiva- 
lent of  a  window  in  this  and  the  two  foregoing 
sections,  provided  that  such  door  contains  the 
amount  of  glazed  surface  prescribed  for  such 
windows. 

Note  that  this  does  not  require  that  the 
window  for  the  stair  hall  shall  be  provided  at 
each  story  but  for  each  story.  This  permits, 
therefore,  a  window  on  the  stair  landing,  a 
form  of  construction  which  will  be  found  de- 
sirable and  in  many  cases  necessary.  The 
34 


NEW    BUILDINGS 

light  is  thus  thrown  on  the  half  flight  of 
stairs  going  up  and  on  the  half  flight  going 
down.  Sash  doors  are  permitted  as  the 
equivalent  of  windows  so  as  to  provide  for 
types  of  buildings  using  outside  stairs;  also 
so  as  to  permit  French-window  treatment  if 
desired. 


35 


A   MODEL   TENEMENT   HOUSE    LAW 
TITLE  2— SANITATION 

§  30.  Basement  and  Cellar  Rooms.  In  tene- 
ment houses  hereafter  erected  no  room  in  the 
cellar  shall  be  constructed,  altered,  converted 
or  occupied  for  living  purposes;  and  no  room  in 
the  basement  shall  be  constructed,  altered,  con- 
verted or  occupied  for  living  purposes,  unless,  in 
addition  to  the  other  requirements  of  this  act, 
all  of  the  following  conditions  are  complied  with: 

(1)  Such  room  shall  be  at  least  NINE  FEET 
high  in  every  part  from  the  floor  to  the  ceiling. 

(2)  The  ceiling  of  such  room  shall  be  in  every 
part  at  least  FOUR  FEET  AND  SIX  INCHES 
above  the  curb  level  of  the  street  in  front  of  such 
room;  when  such  room  or  the  apartment  con- 
taining it  is  located  in  the  rear  of  the  building,  the 
yard  and  courts  upon  which  such  room  or  apart- 
ment opens  shall  extend  to  a  point  below  the 
floor  level  of  said  room.  Every  such  room  shall 
be  an  integral  part  of  an  apartment  containing  a 
room  having  a  window  opening  directly  to  the 
street  or  yard. 

(3)  There  shall  be  appurtenant  to  such  room 
a  separate  water-closet,  constructed  and  arranged 
as  required  by  section  thirty-four  of  this  act. 

(4)  Such  room  shall  have  a  window  opening 
upon  the  street,  or  upon  a  yard  or  court.  The 
total  area  of  windows  in  such  room  shall  be  at 
least  ONE-EIGHTH  of  the  superficial  area  of  the 
room,  and  the  upper  half  of  the  window  shall  be 

36 


NEW    BUILDINGS 

made  to  open  the  full  width.  No  such  window 
shall  be  less  than  TWELVE  SQUARE  FEET  in 
area  between  the  stop  beads. 

(5)  All  walls  surrounding  such  room  shall  be 
damp-proof. 

(6)  The  floor  of  such  room  shall  be  damp-proof 
and  water-proof. 

This  section  distinguishes  between  living 
rooms  in  cellars  and  basements.  I n  new  build- 
ings cellar  living  rooms  should  not  be  tolerated. 
Basement  living  rooms  may  be  permitted  for 
the  janitor  and  sometimes  for  tenants,  but  only 
under  strictly  regulated  conditions. 

The  essential  things  are  to  see  that  the 
rooms  are  high  enough,  are  sufficiently  above 
ground  for  proper  light  and  ventilation  and  are 
free  from  dampness. 

Where  rooms  are  located  in  the  rear  of  the 
basement  they  should  be  entirely  above 
ground.  This  is  easily  possible  by  requiring 
that  the  yards  and  courts  shall  be  excavated 
to  below  the  basement  floor  level.  This  will 
also  prevent  dampness  in  the  walls  and  floor. 

The  last  phrase  in  subdivision  two  is  in- 
tended to  prevent  "interior"  apartments  in 
basements;  that  is,  apartments  without  any 
room  either  on  the  street  or  yard.  Such 
apartments  with  their  rooms  opening  only 
on  courts  are  sometimes  necessary  in  New 
York  in  the  upper  stories,  but  they  should 
not  be  permitted  in  a  basement  under  any 
circumstances. 

37 


A  MODEL  TENEMENT  HOUSE  LAW 

The  ratio  of  window  openings  to  the  area 
of  the  room  is  purposely  here  made  greater 
than  in  the  case  of  rooms  on  the  upper  floors. 

§31.  Cellars,  Damp-proofing  and  Light- 
ing. Every  tenement  house  hereafter  erected 
shall  have  all  walls  below  the  ground  level  and 
the  cellar  or  lowest  floors  damp-proof  and  water- 
proof. When  necessary  to  make  such  walls  and 
floors  damp-proof  and  water-proof,  the  damp- 
proofing  and  water-proofing  shall  run  through  the 
walls  and  up  the  same  as  high  as  the  ground  level 
and  shall  be  continued  throughout  the  floor,  and 
the  said  cellar  or  lowest  floor  shall  be  properly 
constructed  so  as  to  prevent  dampness  or  water 
from  entering.  All  cellars  and  basements  in  such 
tenement  houses  shall  be  properly  lighted  and 
ventilated  in  all  their  parts. 

This  is  not  a  requirement  that  some  special 
method  of  damp-proofing  or  water-proofing 
shall  be  employed.  It  means  that  the  walls 
and  floors  below  ground  level  shall  be  damp- 
proof  and  water-proof.  In  many  cases  the 
character  of  the  soil  determines  this  without 
any  additional  precautions.  In  other  cases 
special  damp-proofing  is  necessary.  This  is 
accomplished  generally  by  tar  paper,  hot  tar, 
asphalt  and  other  well  established  methods. 
The  requirement  at  the  end  of  this  section  that 
all  cellars  and  rooms  shall  be  properly  lighted 
and  ventilated  is  very  important.  Cellars  are 
the  greatest  source  of  sanitary  danger  in 
38 


NEW    BUILDINGS 

tenement  houses.  When  dark,  they  are  es- 
pecially likely  to  be  piled  high  with  accumu- 
lations of  rubbish  and  refuse,  thus  becoming 
breeding  places  for  disease  germs.  Every 
portion  of  a  cellar  in  a  new  tenement  should 
be  thoroughly  lighted  and  ventilated.  This  is 
equally  important  from  the  point  of  view  of 
fire  protection. 

§32.  Shafts,  Courts,  Areas  and  Yards.  In 
every  tenement  house  hereafter  erected  the  bottom 
of  all  shafts,  courts,  areas  and  yards  which  ex- 
tend to  the  basement  or  cellar  shall  extend  SIX 
INCHES  below  the  floor  level  of  said  basement  or 
cellar.  In  every  tenement  house  hereafter  erected 
all  shafts,  courts,  areas  and  yards  shall  be  prop- 
erly graded  and  drained,  and  connected  with  the 
street  sewer  so  that  all  water  may  pass  freely  into 
it.  And  when  required  by  the  health  depart- 
ment they  shall  be  properly  concreted. 

This  is  not  a  requirement  that  all  shafts, 
courts,  areas  and  yards  shall  go  down  to  the 
basement  or  cellar,  but  only  in  case  courts  do 
go  down,  that  they  shall  extend  below.  The 
purpose  of  this  is  to  prevent  water,  etc.,  from 
draining  into  the  cellars  or  basements  and  to 
ensure  them  against  dampness. 

§  33.  Water  Supply.  In  every  tenement 
house  hereafter  erected  there  shall  be  in  each 
apartment  a  proper  sink  with  running  water. 

39 


A  MODEL  TENEMENT  HOUSE  LAW 

§34.  Water-closet  Accommodations.  In 
every  tenement  house  hereafter  erected  there  shall 
be  a  separate  water-closet  in  a  separate  compart- 
ment within  each  apartment.  Each  such  water- 
closet  shall  be  placed  in  a  compartment  completely 
separated  from  every  other  water-closet;  such 
compartment  shall  be  not  less  than  THREE 
FEET  wide,  and  shall  be  enclosed  with  plastered 
partitions,  which  shall  extend  to  the  ceiling. 
Every  such  compartment  shall  have  a  window 
opening  directly  upon  the  street  or  upon  a  yard 
or  court  of  the  minimum  size  prescribed  by  this 
act.  Every  water-closet  compartment  hereafter 
placed  in  any  tenement  house  shall  be  provided 
with  proper  means  of  lighting  the  same  at  night. 
If  fixtures  for  gas  or  electricity  are  not  provided 
in  said  compartment,  then  the  door  of  said  com- 
partment shall  be  provided  with  translucent  glass 
panels,  not  less  in  area  than  FOUR  SQUARE 
FEET.  The  floor  of  every  such  water-closet 
compartment  shall  be  made  water-proof  with 
asphalt,  tile,  stone  or  some  other  non-absorbent 
water-proof  material;  and  such  water-proofing 
shall  extend  at  least  SIX  INCHES  above  the 
floor  so  that  the  said  floor  can  be  washed  or 
flushed  out  without  leaking.  No  drip  trays  shall 
be  permitted.  No  water-closet  fixtures  shall  be 
enclosed  with  any  woodwork. 

The  most  important  part  of  this  section  is 
the  requirement  that  the  water-closet  for  each 
family  shall  be  within  the  apartment.     Water- 
40 


NEW    BUILDINGS 

closets  located  in  the  public  halls,  even 
though  not  used  in  common,  are  objection- 
able and  should  not  be  tolerated.  If  located 
inside  the  apartment  responsibility  for  their 
abuse  can  be  definitely  fixed.  It  is  important 
that  the  water-closets  shall  be  entirely  en- 
closed; dwarf  partitions  should  not  be  per- 
mitted. Each  water-closet  compartment 
must  also  have  its  own  window.  One  large 
window  divided  between  different  compart- 
ments will  not  give  adequate  ventilation. 
The  water-proof  floor  and  six  inch  base  is 
essential  so  that  it  may  be  flushed  out.  Do 
not  permit  any  wooden  floors  or  base,  or  the 
enclosing  of  the  fixtures  with  wood.  The 
woodwork  becomes  saturated  and  foul,  a 
harboring  place  for  vermin,  and  injuries  to 
the  pipes,  if  they  exist  are  not  readily  seen 
or  gotten  at. 

§35.  Sewer  Connection.  No  tenement  house 
shall  hereafter  be  erected  on  any  street  unless 
there  is  a  public  sewer  therein,  or  a  private  sewer 
connecting  directly  with  a  public  sewer.  No  cess- 
pool or  privy  vault  or  similar  means  of  sewage 
disposal  shall  be  used  in  connection  with  any  such 
tenement  house,  but  every  such  house  shall  have 
its  plumbing  system  connected  with  a  public  sewer 
before  such  house  is  occupied. 

This  provision  will  prevent  the  building  of 
tenement    houses    in    those    parts    of    cities 
where  there  are  no  public  sewers, — that  is, 
41 


A  MODEL  TENEMENT  HOUSE  LAW 

in  the  outlying  suburban  sections.  If  these 
sections  are  so  undeveloped  that  public 
sewers  have  not  been  constructed,  there  is  no 
necessity  for  building  tenement  houses,  as 
land  values  are  sufficiently  low  to  warrant 
the  erection  of  houses  for  one  family  or  at 
the  most  two  families  each.  Cess-pools  for 
tenements  ought  never  to  be  tolerated  even 
when  constructed  "tight".  They  will  in  a 
short  time  be  found  to  be  leching,  permitting 
the  contents,  especially  the  liquids,  to  per- 
meate the  soil.  Where  there  are  no  sewers 
there  is  likely  to  be  no  city  water-supply, 
and  the  presence  of  cess-pools  renders  water 
pollution  easy. 

§36.  Plumbing.  In  every  tenement  house 
hereafter  erected  no  plumbing  fixtures  shall  be 
enclosed  with  woodwork.  All  plumbing  pipes 
shall  be  exposed,  when  so  required  by  the  health 
department.  In  all  tenement  houses  hereafter 
erected  where  plumbing  or  other  pipes  pass 
through  floors  or  partitions,  the  openings  around 
such  pipes  shall  be  sealed  or  made  air-tight  with 
plaster  or  other  incombustible  materials,  so  as  to 
prevent  the  passage  of  air  or  the  spread  of  fire  from 
one  floor  to  another  or  from  room  to  room.  All 
plumbing  work,  except  as  otherwise  specified  in 
this  act,  shall  be  in  accordance  with  the  plumbing 
regulations  of  said  city. 

There  has  been  no  attempt  to  include  in 
this  law  the  details  of  plumbing  construction 
42 


NEW    BUILDINGS 

which  are  ordinarily  found  in  plumbing 
codes,  such  as  the  material  of  pipes,  sizes  and 
weights,  methods  of  trapping  and  venting 
fixtures,  &c.  It  is  assumed  that  these  mat- 
ters are  dealt  with  or  will  be  dealt  with  in 
the  general  plumbing  code  of  each  city. 

Theoretically  the  plumbing  pipes  should  be 
exposed.  In  the  ordinary  tenement  house  it 
is  possible  to  do  this.  In  high  class  apart- 
ment houses  the  tenants  will  object  to  the 
unsightliness  of  the  rough  plumbing  in  some 
cases.  It  is  therefore  best  to  give  to  the 
health  department  discretion  as  to  when  this 
shall  be  required. 


43 


A    MODEL   TENEMENT    HOUSE    LAW 
TITLE  3— FIRE  PROTECTION 

§40.  Fireproof  Tenement,  When  Required. 
Every  tenement  house  hereafter  erected  exceeding 
FOUR  stories  or  parts  of  stories  in  height  above 
the  curb  level,  shall  be  a  fireproof  tenement  house. 
A  cellar  the  ceiling  of  which  does  not  extend  more 
than  two  feet  above  the  curb  level  is  not  a  story 
within  the  meaning  of  this  section. 

While  this  is  primarily  a  provision  for  fire 
protection,  it  is  important  in  securing  better 
light  and  ventilation  and  as  a  means  of 
preventing  congestion  of  population.  The 
limitation  of  the  height  of  a  tenement  and 
the  amount  of  land  that  may  be  occupied  are 
the  surest  means  of  limiting  the  number  of 
people  that  may  live  in  a  given  area.  It  will 
be  found  that  requiring  tenements  to  be  fire- 
proof if  above  a  certain  height,  has  the  effect 
of  establishing  limits  for  the  height  of  the 
ordinary  tenements.  This  section  limits  such 
a  house  to  four  stories  and  cellar,  the  ceiling  of 
which  is  two  feet  above  the  curb.  A  four- 
story  and  basement  building  must  be  fire- 
proof. 

§41.  Fire-escapes.  Every  tenement  house 
hereafter  erected,  unless  provided  with  fireproof 
outside  stairways  directly  accessible  to  each  apart- 
ment, shall  have  fire-escapes  located  and  con- 
structed as  in  this  section  required.  All  such  fire- 
escapes  shall  open  directly  from  at  least  one  room 

44 


NEW    BUILDINGS 

or  private  hall  in  each  apartment  at  each  story 
above  the  ground  floor,  other  than  a  bathroom  or 
water-closet  compartment,  and  such  room  or 
private  hall  shall  be  an  integral  part  of  said  apart- 
ment and  accessible  to  every  room  thereof  without 
passing  through  a  public  hall.  Access  to  fire- 
escapes  shall  not  be  obstructed  in  any  way.  No 
fire-escape  shall  be  placed  in  a  court.  Fire- 
escapes  may  project  into  the  public  highway  to  a 
distance  not  greater  than  FOUR  FEET  beyond 
the  building  line.  All  fire-escapes  shall  consist  of 
outside  open  iron  or  stone  balconies  and  stair- 
ways. All  balconies  shall  be  not  less  than 
THREE  FEET  in  width  and  shall  include  at 
least  one  window  or  outside  door  of  each  apart- 
ment, at  each  story  above  the  ground  floor.  All 
stairways  shall  be  placed  at  an  angle  of  not  more 
than  SIXTY  degrees,  with  flat  open  steps  not 
less  than  SIX  INCHES  in  width  and  TWENTY 
INCHES  in  length  and  with  a  rise  of  not  more 
than  NINE  INCHES.  The  openings  for  stair- 
ways in  all  balconies  shall  be  not  less  than 
TWENTY-ONE  by  TWENTY-EIGHT  INCHES, 
and  shall  have  no  covers  of  any  kind.  The  bal- 
cony on  the  top  floor,  except  in  the  case  of  a 
balcony  on  the  street,  shall  be  provided  with  a 
stairs  or  with  a  goose-neck  ladder  leading  from 
said  balcony  to  and  above  the  roof  and  properly 
fastened  thereto.  A  drop  ladder  or  stairs  shall 
be  provided  from  the  lowest  balcony  of  sufficient 
length  to  reach  to  a  safe  landing  place  beneath. 

45 


A  MODEL  TENEMENT  HOUSE  LAW 

All  fire-escapes  shall  be  constructed  and  erected 
to  safely  sustain  in  all  their  parts  a  safe  load,  and 
if  of  iron  shall  receive  not  less  than  two  coats  of 
good  paint,  one  in  the  shop  and  one  after  erection. 
In  addition  to  the  foregoing  requirements,  all  fire- 
escapes  hereafter  erected  upon  tenement  houses 
shall  be  constructed  in  accordance  with  such  sup- 
plementary regulations  as  may  be  adopted  by  the 
building  department. 

This  requirement  applies  to  both  fireproof 
and  non-fireproof  tenements.  Fire-escapes 
to  be  effective  must  be  adjacent  to  each 
apartment.  If  tenants  have  to  pass  through 
a  public  hall  to  get  to  the  fire-escape  it  is  of 
little  value,  as  the  public  hall  is  nearly  always 
filled  with  smoke  and  flames  in  such  cases. 
Access  to  fire-escapes  must  be  free;  if  wash- 
tubs,  sinks  or  other  fixtures  are  put  in  the  way 
of  the  window  and  the  window  thus  narrowed 
down  there  may  be  loss  of  life.  Fire-escapes 
should  be  either  on  the  rear  or  front  of  the 
building.  They  are  of  very  little  use  in 
courts,  which,  being  small,  generally  become 
filled  with  smoke  and  flames.  It  is  neces- 
sary to  permit  fire-escapes  to  project  into  the 
highway  beyond  the  building  line,  otherwise 
the  owner  might  refuse  to  put  them  up  on  the 
front  of  his  building  on  the  ground  that  he 
was  encroaching  on  the  highway.  Without 
the  special  provision  in  this  section  his  con- 
tention would  be  plausible.  The  fire-escapes 
should  generally  be  iron  balconies.  In  the 
46 


OF 


NEW    BUILDINGS 

case  of  some  high-class  apartment  houses 
owners  will  want  to  use  stone  in  order  to 
prevent  the  disfigurement  of  their  buildings; 
they  should  be  permitted  to  do  this.  No 
fire-escape  balcony  should  be  less  than 
three  feet  in  width.  Fire-escapes  to  be 
effective  must  consist  of  stairs,  not  ladders. 
Women,  old  people,  invalids  and  children 
cannot  use  vertical  ladders.  The  stairs  will 
cease  to  be  stairs  if  they  are  permitted  to  be 
placed  at  too  great  an  angle,  so  as  to  be  per- 
pendicular. Sixty  degrees  is  the  maximum 
angle  that  should  be  permitted;  45  would  be 
better.  The  steps  must  be  flat,  not  round 
double  rungs  such  as  are  put  on  a  ladder,  as 
heels  will  catch  in  them  and  they  will  not 
seem  to  have  the  security  of  stairs.  Covers 
over  the  openings  of  fire-escape  balconies  should 
not  be  permitted.  Some  people  will  want  to 
provide  hinged  covers  because  of  the  accidents 
from  people  falling  through  the  openings,  chil- 
dren playing  on  them,  etc.  When  fire  comes, 
the  covers  will  be  found  to  be  rusted  down  or 
to  be  covered  over  and  cannot  be  moved  and 
people  will  burn  to  death.  Fire-escapes  are  not 
play-grounds.  The  balconies  should  be  kept 
free  and  for  purposes  of  escape  in  case  of  fire. 
Sometimes  tenants  cannot  go  down  the  fire- 
escape  balconies  because  the  flames  are  below 
them;  they  must  be  given  a  chance  to  go  up. 
That  is  why  a  goose-neck  ladder  to  the  roof 
is  necessary.  In  such  cases  tenants  can  be 
rescued  from  the  roof  by  firemen,  or  more 

47 


A  MODEL  TENEMENT  HOUSE  LAW 

frequently  can  flee  to  adjoining  roofs.  Such  a 
ladder  is  as  necessary  on  the  front  of  the 
building  as  the  rear.  To  require  it,  however, 
in  some  cases  would  mean  disfigurement. 
Drop  ladders  are  necessary  from  the  lowest 
balconies;  otherwise  the  tenants  cannot  get 
down.  Such  ladders  should  be  light  in  weight, 
not  too  long,  but  always  long  enough  to  reach 
to  the  ground.  All  the  essential  requirements 
for  fire-escape  balconies,  their  location  and  con- 
struction, are  contained  in  this  section.  The 
details  of  their  construction,  the  sizes  of  iron, 
methods  of  bolting,  &c,  are  safely  left  to 
supplementary  regulations  to  be  adopted  by 
the  building  department. 

§  42.  Bulkheads.  Every  tenement  house  here- 
after erected  shall  have  in  the  roof  a  fireproof 
bulkhead  with  a  fireproof  door  to  the  same,  and 
shall  have  stairs  with  a  guide  or  hand  rail  leading 
to  the  roof. 

A  bulkhead  is  a  sort  of  small  pent-house  or 
structure  on  top  of  the  roof;  in  this  case,  the 
enclosure  for  the  stairs  leading  to  the  roof. 
It  is  necessary,  because  without  it,  the  stairs 
cannot  extend  to  the  roof  and  afford  means  of 
exit  that  way. 

§  43.  Stairs  and  Public  Halls.  Every  tene- 
ment house  hereafter  erected  shall  have  at  least 
one  flight  of  stairs  extending  from  the  entrance 
floor  to  the  roof,  and  the  stairs  and  public  halls 
therein  shall  each  be  at  least  THREE  FEET  SIX 

48 


NEW    BUILDINGS 

INCHES  wide  in  the  clear.  All  stairs  shall  be 
constructed  with  a  rise  of  not  more  than  EIGHT 
INCHES  and  with  treads  not  less  than  TEN 
INCHES  wide  and  not  less  than  THREE  FEET 
SIX  INCHES  long  in  the  clear.  Winding  stairs 
will  not  be  permitted. 

It  is  necessary  to  establish  these  minima  for 
the  rise  and  width  of  stairs  both  for  reasons 
of  egress  in  case  of  fire  and  also  to  protect  the 
health  of  the  women  living  in  such  houses. 
Steps  with  a  high  rise  and  narrow  tread  will 
be  found  to  be  very  injurious  to  women. 
Winding  stairs  should  be  prohibited;  in  case 
of  fire  people  stumble  over  them  and  pile  up 
in  a  crowd  at  the  foot  of  the  stairs,  thus 
seriously  endangering  life. 

§44.  Stair  Halls.  In  tenement  houses  here- 
after erected  the  stair  halls  shall  be  constructed  of 
fireproof  material  throughout.  The  risers,  strings 
and  banisters  shall  be  of  metal  or  stone.  The 
treads  shall  be  of  metal,  slate  or  stone,  or  of  hard 
wood  not  less  than  two  inches  thick.  Wooden 
hand-rails  to  stairs  will  be  permitted  if  con- 
structed of  hard  wood.  The  floors  of  all  such 
stair  halls  shall  be  constructed  of  iron  or  steel 
beams  and  fireproof  filling,  and  no  wooden  floor- 
ing or  sleepers  shall  be  permitted. 

The  stair  halls  in  tenement  houses  are  the 
danger  points  in  case  of  fire.  No  matter 
where  fires  start,  they  almost  immediately 
4  49 


A  MODEL  TENEMENT  HOUSE  LAW 

spread  to  the  stair  halls,  which  act  as  a  gigan- 
tic flue.  Moreover,  this  is  the  normal  place 
of  escape  for  the  tenants.  It  is  essential, 
therefore,  that  such  portions  of  the  building 
shall  be  fireproof  throughout  so  that  when 
the  fire  gets  there,  it  may  quickly  burn  itself 
out. 

§45.  Stair  Enclosures.  In  every  tenement 
house  hereafter  erected  all  stair  halls  shall  be  en- 
closed on  all  sides  with  brick  walls  not  less  than 
eight  inches  thick.  The  doors  opening  from  such 
stair  halls  shall  be  fireproof  and  self-closing,  and 
if  provided  with  glass  such  glass  shall  be  good 
quality  wire  glass.  There  shall  be  no  transom  or 
movable  sash  opening  from  such  stair  hall  to  any 
other  part  of  the  house.  Each  stair  hall  shall  be 
shut  off  from  all  non-fireproof  portions  of  the 
public  halls  and  from  all  other  non-fireproof  parts 
of  the  building,  on  each  story,  by  self-closing 
fireproof  doors,  and  if  glass  is  used  in  such  doors 
it  shall  be  of  good  quality  wire  glass. 

In  order  to  prevent  fire  from  spreading 
from  the  stair  halls  to  the  apartments,  or 
"mushrooming  out"  as  it  is  called,  the  stairs 
must  be  enclosed  in  brick  walls.  Terra 
cotta  blocks  or  plaster  blocks  or  other  forms 
of  fireproof  material  should  not  be  used. 
They  may  stand  the  fire  but  they  will  not 
stand  the  pressure  from  the  hose.  Brick 
walls  are  the  only  thing.  Enclosing  the 
stairs  in  fireproof  walls  will  be  of  little  use, 
50 


NEW    BUILDINGS 

unless  the  openings  in  those  walls  are  pro- 
tected. These  openings  are  the  doors  leading 
to  the  apartments.  Such  doors  should  be 
made  fireproof.  The  standard  fireproof  door 
is  wood  with  the  sides  and  edges  covered 
with  metal.  The  doors  must  also  be  made 
self-closing,  so  that  if  left  open  in  case  of  fire 
they  will  close  themselves.  If  there  is  glass 
in  them  the  glass  must  be  wire  glass  but  of  a 
good  quality ;  poor  wire  glass  is  useless.  Tran- 
soms over  these  doors  must  not  be  per- 
mitted, for  they  will  permit  the  fire  to  spread 
to  the  apartments. 

The  last  sentence  in  this  section  is  intended 
to  provide  for  a  case  where  there  is  a  long 
public  hallway  on  each  floor  and  only  the  stair- 
hall  portion  has  been  made  fireproof.  In  such 
case  it  must  be  shut  off  from  the  remain- 
ing non-fireproof  portions  by  fireproof  self- 
closing  doors. 

§46.  Entrance  Halls.  Every  entrance  hall 
in  a  tenement  house  hereafter  erected  shall  be  at 
least  FOUR  FEET  SIX  INCHES  wide  in  the 
clear,  from  the  entrance  up  to  and  including  the 
stair  enclosure,  and  beyond  this  point  at  least 
THREE  FEET  SIX  INCHES  wide  in  the  clear, 
and  shall  comply  with  all  the  conditions  of  the 
preceding  sections  of  this  chapter  as  to  the  con- 
struction of  stair  halls.  In  every  tenement  house 
hereafter  erected,  access  shall  be  had  from  the 
street  to  the  yard,  either  in  a  direct  line  or  through 
a  court. 

5» 


A    MODEL   TENEMENT   HOUSE    LAW 

The  entrance  hall  need  not  be  as  wide  be- 
hind the  stair  enclosure  as  in  front  of  it.  The 
extra  width  in  front  is  necessary  because  all 
the  tenants  from  the  stories  above  may  in  case 
of  fire  or  panic  suddenly  come  down  the  stairs 
and  attempt  to  come  out  of  the  building  at 
one  time.  Access  from  street  to  yard  is  impor- 
tant, as  a  means  of  egress  in  case  of  fire  for  the 
tenants  and  as  a  means  of  access  to  the  rear 
of  the  building  in  case  of  fire  for  firemen. 
The  best  access  is  on  the  ground  floor  in  a 
direct  line  from  the  street  by  extending  the 
entrance  hall  to  the  yard.  Sometimes  this  is 
not  feasible.  In  such  cases  the  next  best 
access  is  by  a  tunnel  or .  passageway  through 
the  cellar  in  a  straight  line  from  the  street  to 
the  yard. 

§47.  Shafts.  In  tenement  houses  hereafter 
erected  all  shafts  shall  be  constructed  fireproof 
throughout,  with  fireproof  self-closing  doors  at 
all  openings,  at  each  story;  and,  if  they  extend  to 
the  cellar,  shall  also  be  enclosed  in  the  cellar  with 
fireproof  walls  and  fireproof  self-closing  doors  at 
all  openings.  In  no  case  shall  any  shaft  be  con- 
structed of  materials  in  which  any  inflammable 
material  or  substance  enters  into  any  of  the  com- 
ponent parts.  But  nothing  in  this  section  con- 
tained shall  be  so  construed  as  to  require  such  en- 
closures about  elevators  or  dumbwaiters  in  the 
wellhole  of  stairs  where  the  stairs  themselves  are 
enclosed  in  brick  or  stone  walls,  and  are  entirely 

52 


NEW    BUILDINGS 

constructed  of  fireproof  materials  as  hereinbefore 
provided. 

§48.  First  Tier  of  Beams.  In  all  tenement 
houses  hereafter  erected  the  first  floor  above  the 
cellar,  shall  be  constructed  fireproof  with  iron  or 
steel  beams  and  fireproof  flooring. 

One-fourth  of  all  tenement  fires  start  in 
cellars.  These  frequently  contain  much  rub- 
bish and  tenants  and  sometimes  outsiders 
drop  matches  on  the  cellar  floor.  For  these 
reasons  the  cellar  is  a  danger  point  in  case  of 
fire.  In  order  to  safeguard  the  lives  of  the 
tenants  the  cellar  should  be  completely  shut 
off  from  the  upper  parts  of  the  building. 
This  should  be  done  by  a  tier  of  fireproof 
beams  and  fireproof  flooring. 

§49.  Cellar  Stairs.  In  tenement  houses 
hereafter  erected  there  shall  be  no  inside  stairs 
communicating  between  the  cellar  or  other  lowest 
story  and  the  floor  next  above,  but  such  stairs 
shall  in  every  case  be  located  outside  the  building. 

This  requirement  is  enacted  for  the  reasons 
given  in  section  48.  Because  of  the  danger 
from  cellar  fires  there  must  be  no  communi- 
cation between  the  cellar  and  the  other  parts 
of  the  building.  It  is  slightly  inconvenient 
for  tenants  to  have  to  go  outside  of  the  build- 
ing into  the  yard  or  court  to  go  down  into  the 
cellar,  but  that  inconvenience  is  not  com- 
parable with  the  danger  arising  from  the 
other  form  of  construction. 
53 


A  MODEL  TENEMENT  HOUSE  LAW 

§  50.  Closet  under  First  Story  Stairs.  In 
tenement  houses  hereafter  erected  no  closet  of 
any  kind  shall  be  constructed  under  any  staircase 
leading  from  the  first  story  to  the  upper  stories, 
but  such  space  shall  be  left  entirely  open  and  kept 
clear  and  free  from  incumbrance. 

Closets  should  not  be  permitted  under  the 
stairs  leading  to  the  upper  stories.  If  they 
are,  waste  materials  will  accumulate,  some- 
times oily  rags  will  be  thrown  into  them  by 
servants,  engineers  or  tenants,  spontaneous 
combustion  may  take  place  and  the  whole 
stairs  suddenly  be  on  fire. 

§51.  Cellar  Entrance.  In  every  tenement 
house  hereafter  erected  there  shall  be  an  entrance 
to  the  cellar  or  other  lowest  story  from  the  outside 
of  the  said  building. 

The  purpose  of  this  section  is  to  enable  the 
firemen  to  quickly  get  at  a  cellar  fire. 

§  52.  Wooden  Tenement  Houses.  No  wood- 
en tenement  house  shall  hereafter  be  erected, 
and  no  wooden  building  not  now  used  as  a  tene- 
ment house  shall  hereafter  be  altered  or  converted 
to  such  use. 

In  New  York  and  some  of  the  larger  cities, 

wooden     tenement     houses     are    permitted. 

They  should  not  be  tolerated.    They  are  not 

only  a  danger  in  case  of  fire  but  when  old  be- 

54 


NEW    BUILDINGS 

come  a  serious  sanitary  evil,  filled  with  ver- 
min and  disease  germs.  No  new  wooden  tene- 
ments are  necessary.  Where  land  values  are 
so  low  that  houses  of  brick  or  concrete  cannot 
be  constructed,  multiple  dwellings  are  not 
necessary. 


55 


CHAPTER  III 


ALTERATIONS 


In  this  Chapter  will  be  Found  all  the 
Provisions  which  must  be  Observed  when  a 
Person  Proposes  to  Alter  an  Existing  Tene- 
ment House. 


Chapter  III 

ALTERATIONS 

§60.  Percentage  of  Lot  Occupied.  No 
tenement  house  shall  hereafter  be  enlarged,  or  its 
lot  be  diminished,  so  that  a  greater  percentage  of 
the  lot  shall  be  occupied  by  buildings  or  structures 
than  provided  in  section  ten  of  this  act. 

It  is  obvious  that  it  is  not  fair  to  permit  an 
old  tenement  to  be  altered  so  as  to  cover  more 
of  the  lot  than  a  new  tenement,  as  the  condi- 
tions are  naturally  better  in  the  newer  building. 
This  section  not  only  forbids  the  extension  of 
an  existing  tenement  beyond  the  limits  speci- 
fied, but  also  prohibits  the  erection  of  other 
buildings  or  structures  on  the  same  lot  so  as 
to  cover  more  land  than  is  permitted. 

§61.  Height.  No  tenement  house  shall  be 
increased  in  height  so  that  the  said  building  shall 
exceed  the  WIDTH  of  the  widest  street  on  which 
it  stands. 

This    does    not    prohibit    the    increase    in 
height  of  an  existing  tenement  house,  but  does 
prohibit  such  increase  beyond  the  limits  al- 
lowed for  new  buildings. 
59 


A  MODEL  TENEMENT  HOUSE  LAW 

§62.  Yards.  No  tenement  house  shall  here- 
after be  enlarged  or  its  lot  be  diminished,  so  that 
the  yard  shall  be  less  in  depth  than  the  minimum 
depths  prescribed  in  section  twelve  of  this  act  for 
tenement  houses  hereafter  erected.  The  meas- 
urements in  all  cases  shall  be  taken  from  the  ex- 
treme rear  wall  of  the  building  to  the  rear  lot 
line,  and  across  the  full  width  of  the  lot,  and  such 
yard  shall  be  at  every  point  open  from  the  ground 
to  the  sky. 

§63.  Courts  in  Existing  Buildings.  Any 
court  used,  or  intended  to  be  used,  to  light  or 
ventilate  rooms  or  water-closet  compartments  and 
which  may  be  hereafter  constructed  in  a  tenement 
house  erected  prior  to  the  passage  of  this  act  shall 
not  be  less  in  area  than  SIXTY-FOUR  SQUARE 
FEET,  nor  less  than  EIGHT  FEET  in  its  least 
dimension  in  any  part,  and  such  court  shall  under 
no  circumstances  be  roofed  or  covered  over  at  the 
top  with  a  roof  or  skylight;  every  such  court  shall 
be  provided  at  the  bottom  with  two  horizontal 
air-intakes  which  shall  consist  of  passageways  each 
not  less  than  three  feet  wide  and  seven  feet  high, 
which  shall  communicate  directly  with  the  street 
and  yard,  and  shall  always  be  left  open,  or  be  pro- 
vided with  an  open  gate  at  each  end. 

This  section  prescribes  the  limits  in  width 
and  area  of  a  new  court  which  may  be  here- 
after constructed  in  an  existing  house  to  pro- 
vide light  or  ventilation  either  for  rooms  or 
60 


ALTERATIONS 

for  water-closet  compartments.  The  hori- 
zontal intakes  or  tunnels  at  the  bottom  are 
essential  in  order  to  have  adequate  ventila- 
tion. 

§64.  Additional  Rooms  and  Halls.  Any 
additional  room  or  hall  that  is  hereafter  construct- 
ed or  created  in  a  tenement  house  shall  comply 
in  all  respects  with  the  provisions  of  chapter  two 
of  this  act,  except  that  such  rooms  may  be  of  the 
same  height  as  the  other  rooms  on  the  same  story 
of  the  house. 

This  is  a  very  necessary  provision,  as  other- 
wise, apartments  in  existing  tenements  could 
be  subdivided,  and  dark  rooms  and  rooms  too 
small  in  size  could  be  created. 

§65.  Rooms  and  Halls,  Lighting  and  Ven- 
tilation of.  No  tenement  house  shall  be  so 
altered  that  any  room  or  public  hall  or  stairs  shall 
have  its  light  or  ventilation  diminished  in  any 
way  not  approved  by  the  health  department. 

Without  this  provision  an  extension  could 
be  added  to  an  existing  tenement  house  in 
such  a  way  as  to  greatly  diminish  the  light 
and  ventilation  of  an  existing  room,  although 
the  new  rooms  thus  created  might  have 
adequate  light  and  ventilation.  Similarly, 
without  this  provision  it  would  be  possible, 
where  an  existing  public  hallway  now  ex- 
tends to  the  rear  of  the  building  from  the 
street  to  the  yard,  affording  ample  light  and 
61 


A  MODEL  TENEMENT  HOUSE  LAW 

ventilation,  to  shut  this  off  and  make  a  room 
at  either  end  of  the  hall,  thus  making  the 
public  hallways  dark  and  without  ventilation. 

§66.  Alcoves  and  Alcove  Rooms.  No  part 
of  any  room  in  a  tenement  house  shall  hereafter 
be  enclosed  or  subdivided,  wholly  or  in  part,  by 
a  curtain,  portiere,  fixed  or  movable  partition  or 
other  contrivance  or  device,  unless  such  part  of 
the  room  so  enclosed  or  subdivided  shall  contain  a 
window  as  required  by  sections  nineteen  and 
twenty  of  this  act,  and  have  a  floor  area  of  not 
less  than  NINETY  square  feet. 

Without  this  provision  existing  rooms  could 
be  subdivided  and  dark  and  small  rooms  con- 
structed. 

§67.  Skylights.  All  new  skylights  hereafter 
placed  in  a  tenement  house  shall  be  provided  with 
ridge  ventilators  having  a  minimum  opening  of 
FORTY  SQUARE  INCHES  and  also  with  either 
fixed  or  movable  louvres  or  with  movable  sashes, 
and  shall  be  of  such  size  as  may  be  determined  to 
be  practicable  by  the  health  department. 

This  section  does  not  relate  to  existing 
skylights  but  only  to  those  hereafter  placed 
in  an  existing  house.  Ridge  ventilators  pro- 
vide a  small  amount  of  constant  ventilation 
and  are  desirable.  In  addition,  there  should 
be  louvres  (which  are  slats  similar  to  those 
seen  in  some  church  belfries).  These  louvres 
may  either  be  fixed  or  movable.  If  fixed,  it 
62 


ALTERATIONS 

means  that  there  will  be  fresh  air  all  the  time. 
If  the  halls  are  steam-heated  this  will  be  found 
objectionable  to  the  owner  and  tenants  in 
winter.  Frequently  such  ventilators  are  found 
in  winter  wrapped  round  with  carpets  and 
cloths.  Movable  louvres  or  movable  sashes, 
however,  will  permit  closing  in  stormy  or  ex- 
treme weather,  and  permit  opening  in  better 
weather. 

§  68.  Water-closet  Accommodations.  Every 
new  water-closet  hereafter  placed  in  a  tenement 
house,  except  one  provided  to  replace  a  defective 
or  antiquated  fixture  in  the  same  location,  shall 
comply  with  the  provisions  of  section  thirty-four 
of  this  act  relative  to  water-closets  in  tenement 
houses  hereafter  erected. 

This  section  does  not  apply  to  cases  where 
a  new  fixture  is  put  in  to  replace  a  defective 
or  old-fashioned  one,  provided  it  is  put  in  the 
same  place.  It  does,  however,  apply  to  all 
new  water-closets  that  may  hereafter  be 
constructed  in  an  existing  house.  The  effect 
of  it  is  to  require  that  such  water-closets 
shall  be  in  compartments  ventilated  to  the 
outer  air,  of  proper  size,  with  proper  water- 
proof flooring  and  base,  &c. 

§69.  Fireproof  Tenements.  No  tenement 
house  shall  hereafter  be  altered  so  as  to  exceed 
FOUR  stories  or  parts  of  stories  in  height  above 
the  curb  level,  unless  it  is  a  fireproof  tenement 

63 


A  MODEL  TENEMENT  HOUSE  LAW 

house.  A  cellar  the  ceiling  of  which  does  not 
extend  more  than  two  feet  above  the  curb  level 
is  not  a  story  within  the  meaning  of  this  section. 

This  section  prohibits  the  extension  in 
height  of  an  existing  non-fireproof  tenement 
above  the  limits  prescribed  for  new  non- 
fireproof  tenements. 

§70.  Fire-escapes.  All  fire-escapes  here- 
after constructed  on  any  tenement  house  shall  be 
located  and  constructed  as  prescribed  in  section 
forty-one  of  this  act. 

This  does  not  apply  to  fire-escapes  that  are 
already  on  an  existing  building,  but  to  those 
that  are  hereafter  constructed  on  such 
buildings. 

§71.  Roof  Stairs.  No  stairs  leading  to  the 
roof  in  any  tenement  house  shall  be  removed  or 
replaced  with  a  ladder. 

§  72.  Bulkheads.  Every  bulkhead  hereafter 
constructed  in  a  now-existing  tenement  house 
shall  be  constructed  as  provided  in  section  forty- 
two  of  this  act,  except  that  where  the  stairs  and 
stair  halls  in  such  tenement  house  are  not  now  of 
fireproof  material  such  bulkhead  may  be  of  wood 
covered  with  metal.  Any  tenement  house  here- 
after increased  in  height  by  placing  thereon  an 
additional  story,  shall  be  provided  with  a  bulk- 
head in  the  roof. 

64 


ALTERATIONS 

If  a  new  bulkhead  is  constructed  on  an 
existing  house,  it  is  obviously  unnecessary 
to  require  it  to  be  fireproof  when  the  roof  and 
stairs  and  public  halls  leading  to  it  are  not 
of  fireproof  construction.  As  all  new  tene- 
ments are  required  to  have  a  bulkhead  in  the 
roof  so  as  to  facilitate  roof  egress  in  case  of 
fire,  it  is  right  when  an  owner  is  adding  an 
additional  story  to  the  building  to  require  him 
to  have  the  stairs  extend  to  the  roof. 

§  73.  Stairways.  No  public  hall  or  stairs  in  a 
tenement  house  shall  be  reduced  in  width  so  as 
to  be  less  than  the  minimum  width  prescribed  in 
sections  forty-three  to  forty-six  inclusive  of  this 
act. 

§  74.  Shafts.  All  shafts  hereafter  constructed 
in  tenement  houses  shall  be  constructed  fireproof 
throughout,  with  fireproof  self-closing  doors  at  all 
openings,  at  each  story;  and,  if  they  extend  to 
the  cellar,  shall  also  be  enclosed  in  the  cellar  with 
fireproof  walls  and  fireproof  self-closing  doors  at 
all  openings.  In  no  case  shall  any  shaft  be  con- 
structed of  materials  in  which  any  inflammable 
material  or  substance  enters  into  any  of  the  com- 
ponent parts.  But  nothing  in  this  section  con- 
tained shall  be  so  construed  as  to  require  such  en- 
closures about  elevators  or  dumbwaiters  in  the 
wellhole  of  stairs  where  the  stairs  themselves  are 
enclosed  in  brick  or  stone  walls,  and  are  entirely 
constructed  of  fireproof  materials  as  hereinbefore 
provided. 


A  MODEL  TENEMENT  HOUSE  LAW 

This  section  does  not  apply  to  shafts  that 
are  already  in,  but  only  to  new  ones  that  may 
hereafter  be  put  in  existing  buildings. 

§  75.  Alteration  of  Wooden  Tenement 
Houses.  No  existing  wooden  tenement  house 
shall  hereafter  be  increased  in  height;  nor  shall  it 
be  altered  so  as  to  be  occupied  by  more  than  one 
family  on  any  floor. 

As  new  wooden  tenement  houses  are  en- 
tirely forbidden,  the  extension  of  existing  ones 
should  not  be  permitted. 

§  76.  Wooden  Buildings  on  Same  Lot  with  a 
Tenement  House.  No  wooden  building  of  any 
kind  whatsoever  shall  hereafter  be  placed  or  built 
upon  the  same  lot  with  a  tenement  house  within 
the  fire  limits.  And,  within  the  fire  limits,  no 
wooden  tenement  house,  and  no  wooden  structure 
or  other  building  on  the  same  lot  with  a  tenement 
house,  shall  hereafter  be  enlarged,  extended  or 
raised;  except  that  a  wooden  extension  not  ex- 
ceeding in  total  area  SEVENTY  SQUARE  FEET 
may  be  added  to  an  existing  wooden  tenement 
house,  provided  such  extension  is  used  solely  for 
bath-rooms  or  water-closets. 

This  section  is  intended  to  prevent  the 
erection  of  wooden  sheds  and  out-buildings 
and  similar  unsightly  structures  on  the  same 
lot  with  tenement  houses  in  built-up  portions 
of  cities.  Such  structures  are  a  menace  in  case 
66 


ALTERATIONS 

of  fire,  and  are  also  objectionable  for  sanitary 
reasons. 

The  exception  made  at  the  end  of  this  sec- 
tion, permitting  wooden  extensions  to  wooden 
tenement  houses  to  be  used  for  bath-rooms  or 
water-closets,  is  necessary  in  order  to  permit 
the  carrying  out  of  certain  sanitary  improve- 
ments. If  privies  or  school  sinks  are  re- 
moved, where  the  tenement  house  is  of  wood, 
it  is  unfair  to  compel  the  building  of  a  brick 
extension  for  the  new  water-closets. 


67 


CHAPTER  IV 


MAINTENANCE 


In  this  Chapter  will  be  found  all  Provisions 
which  an  Owner  must  Observe  with  Regard 
to  the  Maintenance  of  a  Tenement  House. 


Chapter  IV 

MAINTENANCE 

§  80.  Public  Halls,  Lighting  of  in  the  Day- 
time. In  every  tenement  house  where  the  public 
halls  and  stairs  are  not  in  the  opinion  of  the  health 
department  sufficiently  lighted,  the  owner  of  such 
house  shall  keep  a  proper  light  burning  in  the 
hallway,  near  the  stairs,  upon  each  floor,  as  may 
be  necessary,  from  sunrise  to  sunset. 

This  provision  is  for  artificial  light  in  the 
daytime.  In  some  houses  where  the  halls  and 
stairs  do  not  have  windows  to  the  outer  air  or 
are  lighted  and  ventilated  by  courts  too 
small  in  size,  halls  are  often  dark  in  the  day- 
time. This  section  empowers  the  health  de- 
partment to  require  an  artificial  light  to  be 
kept  burning  as  may  be  necessary. 

§81.  Public  Halls,  Lighting  at  Night.  In 
every  tenement  house  a  proper  light  shall  be  kept 
burning  by  the  owner  in  the  public  hallways,  near 
the  stairs,  upon  the  entrance  floor,  and  upon  the 
second  floor  above  the  entrance  floor  of  said  house, 
every  night  from  sunset  to  sunrise  throughout  the 
year,  and  upon  all  other  floors  of  the  said  house 
from  sunset  until  ten  o'clock  in  the  evening. 

7* 


A  MODEL  TENEMENT  HOUSE  LAW 

This  is  a  provision  for  lighting  the  public 
halls  and  stairs  at  night.  A  light  is  required 
to  be  kept  burning  on  every  floor  from  sunset 
till  10  o'clock,  and  on  the  first  and  third 
floors  from  sunset  to  sunrise. 

§  82.  Water-Closets  in  Cellars.  No  water- 
closet  shall  be  maintained  in  the  cellar  of  any 
tenement  house  without  a  special  permit  in  writing 
from  the  health  department,  which  shall  have 
power  to  make  rules  and  regulations  governing 
the  maintenance  of  such  closets. 

No  city  should  permit  the  maintenance  in 
the  cellar  of  the  general  water-closet  accom- 
modations of  a  tenement  house.  From  a 
sanitary  point  of  view  nothing  could  be  worse. 
Sometimes  it  is  necessary,  however,  to  permit 
individual  water-closets  in  cellars.  There  may 
be  stores  on  the  ground  floor  and  no  space 
for  the  closets  there.  There  may  be  janitor's 
apartments  in  the  cellars  and  there  must  be 
single  water-closets  there,  but  the  board  of 
health  should  have  the  power  to  see  that  all 
cellar  water-closets  are  maintained  under 
proper  conditions. 

§83.  Water-Closet  Accommodations.  In 
every  tenement  house  existing  prior  to  the  passage 
of  this  act  there  shall  be  provided  at  least  ONE 
water-closet  for  every  TWO  families. 

The  ideal  requirement  would  be  to  have 
in  all  tenement  houses  one  water-closet  for 

72 


MAINTENANCE 

every  family.  It  would  be  extreme  in  some 
cases  to  impose  this  on  owners  of  existing 
houses.  One  water-closet  for  every  two  fam- 
ilies, however,  is  only  what  decency  requires. 
The  family  or  the  apartment  is  the  only  safe 
basis  of  measurement.  One  water-closet  to 
so  many  occupants  is  impossible  of  enforce- 
ment, as  the  number  of  occupants  of  the 
house  is  a  constantly  shifting  element. 
The  number  of  apartments  in  the  building 
(which  is  practically  the  number  of  families) 
is,  on  the  other  hand,  a  constant  factor. 

§84.  Basement  and  Cellar  Rooms.  Here- 
after in  tenement  houses  erected  prior  to  the  pass- 
age of  this  act  no  room  in  the  basement  or  cellar 
shall  be  occupied  for  living  purposes  without  a 
written  permit  from  the  health  department  and 
such  permit  shall  be  kept  readily  accessible  in  the 
main  living  room  of  the  apartment  containing 
such  room.  And  no  such  room  shall  hereafter  be 
occupied  unless  all  the  following  conditions  are 
complied  with.  The  said  written  permit  shall 
be  issued  when  all  of  the  said  conditions  are 
complied  with.  If  refused,  the  reason  for  such 
refusal  shall  be  stated  by  said  department  in 
writing,  and  a  copy  thereof  shall  be  kept  in  a 
proper  book  in  the  office  of  said  department,  and 
be  accessible  to  the  public. 

(1)  Such  room  shall  be  at  least  SEVEN  FEET 
high  in  every  part  from  the  floor  to  the  ceiling. 

(2)  The  ceiling  of  such  room  shall  be  in  every 

73 


A  MODEL  TENEMENT  HOUSE  LAW 

part  at  least  TWO  FEET  above  the  surface  of 
the  street  or  ground  outside  of  or  adjoining  the 
same. 

(3)  There  shall  be  appurtenant  to  such  room 
the  use  of  a  water-closet. 

(4)  There  shall  be  outside  of  and  adjoining  such 
room,  and  extending  along  the  entire  frontage  of 
at  least  one  of  the  rooms  of  the  apartment,  an 
open  space  of  at  least  TWO  FEET  SIX  INCHES 
wide  in  every  part,  unless  such  room  extends  for 
more  than  one-half  of  its  height  above  the  curb 
level.  Such  space  shall  be  well  and  effectually 
drained. 

(5)  At  least  one  of  the  rooms  of  the  apartment 
of  which  such  room  is  an  integral  part,  shall  have 
a  window  opening  directly  to  the  street  or  yard, 
of  at  least  TWELVE  SQUARE  FEET  in  size 
clear  of  the  sash  frame,  and  which  shall  open 
readily  for  purposes  of  ventilation. 

(6)  The  lowest  floor  shall  be  water-proof  and 
damp-proof. 

(7)  Such  room  shall  have  sufficient  light  and 
ventilation,  shall  be  well  drained  and  dry,  and 
shall  be  fit  for  human  habitation. 

In  the  case  of  rooms  located  in  tenement  houses 
erected  prior  to  the  passage  of  this  act,  which  do 
not  comply  with  all  the  provisions  of  subdivisions 
one,  two  and  four  of  this  section,  the  health  de- 
partment may  issue  a  special  permit  for  occu- 
pancy, provided  said  department  shall  certify  in 
writing  that  such  rooms  have  sufficient  light  and 

74 


MAINTENANCE 

ventilation,  are  well  drained  and  dry,  and  are  fit 
for  human  habitation.  The  procedure  in  such 
cases  shall  be  as  follows:  Upon  receipt  of  a  written 
request  from  the  owner  stating  that  there  are 
rooms  in  the  basement  or  cellar  which  are  or  have 
been  previously  occupied  for  living  purposes  but 
which  do  not  conform  to  the  requirements  of  sub- 
divisions one,  two  and  four  of  this  section,  and 
requesting  a  special  permit  for  the  occupancy  of 
such  rooms,  the  said  department  shall  cause  an 
inspection  to  be  made,  and  a  written  report  filed 
which  shall  state  the  respects  in  which  said  rooms 
do  not  conform  to  the  requirements  of  said  sub- 
divisions and  whether  said  rooms  have  sufficient 
light  and  ventilation,  are  well  drained  and  dry, 
and  are  fit  for  human  habitation.  No  such  special 
permit,  however,  shall  be  issued  unless  such  facts 
are  certified  to  in  writing  separately  by  at  least 
two  inspectors  of  said  department.  Such  special 
permits  shall  be  issued  only  by  the  head  of  the 
department  or  his  deputies,  who  may  require  such 
improvements  or  alterations  in  said  rooms,  as 
may  be  practicable,  as  a  condition  precedent  to 
the  granting  of  said  special  permit.  All  reports 
and  papers  connected  therewith  shall  be  deemed 
public  records. 

No  existing  cellar  or  basement  should  be 

used  for  living  purposes  without  a  permit 

from   the  health  department.     In   addition, 

the  health  department  should  be  free  not  to 

75 


A  MODEL  TENEMENT  HOUSE  LAW 

grant  such  a  permit  unless  the  rooms  are  fit 
for  habitation.  The  essential  conditions  are 
that  the  rooms  shall  be  sufficiently  high,  shall 
be  reasonably  above  ground,  have  proper 
light  and  ventilation  and  freedom  from 
dampness.  Certain  definite  standards  are 
therefore  established  in  this  section.  It  hap- 
pens, however,  in  some  cities,  that  there  are 
rooms  of  this  kind  which  have  been  occupied 
for  years  which  are  proper  for  occupation  and 
which  do  not  conform  in  some  slight  degree 
to  these  standards.  For  instance,  instead  of 
having  the  ceiling  two  feet  above  ground  the 
ceiling  may  be  i  ft.  10  in.  above  ground. 
In  other  cases  the  rooms  instead  of  being  7  ft. 
high  may  be  6  ft.  10  in.  high.  A  provision 
is  therefore  added  at  the  end  of  this  section 
prescribing  the  means  by  which  the  health 
department  may  permit  such  rooms  to  be 
occupied.  The  seemingly  elaborate  procedure 
written  into  the  law  is  for  the  purpose  of 
preventing  the  improper  issuance  of  such 
permits. 

§  85.  Cellar  Walls  and  Ceilings.  The  cel- 
lar walls  and  ceilings  of  every  tenement  house 
shall  be  thoroughly  whitewashed  or  painted  a 
light  color  by  the  owner  and  shall  be  so  main- 
tained. Such  whitewash  or  paint  shall  be  re- 
newed whenever  necessary,  as  may  be  required 
by  the  health  department. 

§  86.  Water-Closets  and  Sinks.  In  all  tene- 
ment houses  the  floor  or  other  surface  beneath 

76 


MAINTENANCE 

and  around  water-closets  and  sinks  shall  be  main- 
tained in  good  order  and  repair  and  if  of  wood 
shall  be  kept  well  painted  with  light  colored  paint. 

The  purpose  of  this  requirement,  especially 
the  painting  of  the  woodwork  underneath 
water-closets  and  sinks,  is  to  ensure  the  keep- 
ing of  these  places  in  a  sanitary  condition. 
They  are  generally  in  the  dark  where  dirt  and 
accumulations  of  filth  do  not  show. 

§87.  Repairs.  Every  tenement  house  and  all 
the  parts  thereof  shall  be  kept  in  good  repair,  and 
the  roof  shall  be  kept  so  as  not  to  leak,  and  all 
rain  water  shall  be  so  drained  and  conveyed  there- 
from as  to  prevent  its  dripping  on  to  the  ground 
or  causing  dampness  in  the  walls,  ceilings,  yards 
or  areas. 

§88.  Water  Supply.  Every  tenement  house 
shall  have  water  furnished  in  sufficient  quantity 
at  one  or  more  places  on  each  floor  occupied  by  or 
intended  to  be  occupied  by  one  or  more  families. 
The  owner  shall  provide  proper  and  suitable 
tanks,  pumps  or  other  appliances  to  receive  and  to 
distribute  an  adequate  and  sufficient  supply  of 
such  water  at  each  floor  in  the  said  house,  at  all 
times  of  the  year,  during  all  hours  of  the  day  and 
night.  But  a  failure  in  the  general  supply  of 
water  by  the  city  authorities  shall  not  be  construed 
to  be  a  failure  on  the  part  of  such  owner,  provided 
that  proper  and   suitable  appliances   to  receive 

77 


A  MODEL  TENEMENT  HOUSE  LAW 

and  distribute  such  water  have  been  provided  in 
said  house. 

Each  family  should  have  running  water  in 
some  place  on  each  floor  of  the  building  in 
which  they  live,  that  is,  where  there  is  city 
water  in  that  part  of  the  city.  This  does  not 
mean  that  the  owner  must  put  a  sink  in  each 
apartment  though  this  is  very  desirable.  If 
a  sink  is  placed  in  the  public  hallway  on  each 
floor  it  satisfies  the  law. 

§  89.  Cleanliness  of  Buildings.  Every  tene- 
ment house  and  every  part  thereof  shall  be  kept 
clean  and  free  from  any  accumulation  of  dirt, 
filth  and  garbage  or  other  matter  in  or  on  the 
same,  or  in  the  yards,  courts,  passages,  areas  or 
alleys  connected  with  or  belonging  to  the  same. 
The  owner  of  every  tenement  house  or  part  thereof 
shall  thoroughly  cleanse  all  the  rooms,  passages, 
stairs,  floors,  windows,  doors,  walls,  ceilings, 
privies,  water-closets,  cesspools,  drains,  halls, 
cellars,  roofs  and  all  other  parts  of  the  said  tene- 
ment house,  or  part  of  the  house  of  which  he  is  the 
owner,  to  the  satisfaction  of  the  department  of 
health,  and  shall  keep  the  said  parts  of  the  said 
tenement  house  in  a  cleanly  condition  at  all  times. 

The  requirement  that  the  owner  shall  thor- 
oughly cleanse  all  parts  of  the  house  does  not 
mean  that  he  personally  shall  do  it,  as  some 
owners  think.  It  simply  imposes  on  him  the 
responsibility  for  having  it  done. 
78 


MAINTENANCE 

§90.  Walls  of  Courts.  The  walls  of  all 
courts,  unless  built  of  a  light  color  brick  or  stone, 
shall  be  thoroughly  whitewashed  by  the  owner 
or  shall  be  painted  a  light  color  by  him,  and  shall 
be  so  maintained.  Such  whitewash  or  paint  shall 
be  renewed  whenever  necessary,  as  may  be  re- 
quired by  the  health  department. 

§91.  Walls  and  Ceilings  of  Rooms.  In  all 
tenement  houses,  the  health  department  may  re- 
quire the  walls  and  ceilings  of  every  room  that 
does  not  open  directly  on  the  street  to  be  kal- 
somined  white  or  painted  with  white  paint  when 
necessary  to  improve  the  lighting  of  such  room 
and  may  require  this  to  be  renewed  as  often  as 
may  be  necessary. 

This  is  an  important  provision  and  is  for 
the  purpose  of  improving  the  lighting  of 
rooms  that  are  too  dark.  A  coat  of  white 
paint  on  the  walls  and  ceiling  will  do  wonders 
in  lightening  up  a  dark  room. 

§  92.  Wall  Paper.  No  wall  paper  shall  be 
placed  upon  a  wall  or  ceiling  of  any  tenement 
house  unless  all  wall  paper  shall  be  first  removed 
therefrom  and  said  wall  and  ceiling  thoroughly 
cleaned. 

This  section  does  not  prohibit  the  use  of 
wall  paper.  From  a  sanitary  point  of  view 
it  would  be  desirable  to  make  such  prohibi- 
tion but  this  is  not  possible  as  tenants  in  high 
class  apartments  and  flats,  as  well  as  in 
79 


A  MODEL  TENEMENT  HOUSE  LAW 

tenements,  desire  to  decorate  their  homes  in 
this  way.  The  section  does,  however,  pro- 
hibit the  putting  of  any  new  wall  paper  over 
existing  wall  paper.  This  is  necessary  in  view 
of  the  danger  of  transmission  of  contagious 
disease  in  this  way. 

§93.  Receptacles  for  Ashes,  Garbage  and 
Rubbish.  The  owner  of  every  tenement  house 
shall  provide  for  said  building  proper  and  suitable 
conveniences  or  receptacles  for  ashes,  rubbish, 
garbage,  refuse  and  other  matter. 

§94.  Prohibited  Uses.  No  horse,  cow,  calf, 
swine,  sheep,  goat  or  chickens  shall  be  kept  in  a 
tenement  house,  or  on  the  same  lot  or  premises 
thereof,  and  no  tenement  house,  or  the  lot  or 
premises  thereof  shall  be  used  for  a  lodging  house, 
or  for  the  storage  or  handling  of  rags,  nor  as  a 
place  of  public  assemblage. 

It  will  not  do  to  prohibit  the  keeping  of 
all  animals  in  a  tenement  house.  Tenants 
naturally  desire  to  keep  cats,  dogs  and  birds. 
It  is  highly  undesirable  to  permit  any  part 
of  a  tenement  house  which  is  occupied  by 
families  and  little  children  to  be  used  as  a 
common  lodging  house  for  homeless  men. 
The  storage  and  handling  of  rags  cause  sani- 
tary evils  and  add  to  the  discomfort  of  living 
and  may  endanger  the  lives  of  the  tenants. 
No  part  of  a  tenement  house  should  be  used 
as  a  place  of  public  assemblage.  1 1  adds  to  the 
fire  dangers  and  destroys  the  peace  and  quiet 
80 


MAINTENANCE 

of  the  homes  located  in  other  parts  of  the 
building.  This  would  keep  moving-picture 
exhibitions  out  of  such  buildings. 

§95.  Combustible  Materials.  No  tenement 
house,  nor  any  part  thereof,  nor  of  the  lot  upon 
which  it  is  situated,  shall  be  used  as  a  place  of 
storage,  keeping  or  handling  of  any  combustible 
article  except  under  such  conditions  as  may  be 
prescribed  by  the  fire  department,  under  authority 
of  a  written  permit  issued  by  said  department. 
No  tenement  house  nor  any  part  thereof,  nor  of 
the  lot  upon  which  it  is  situated,  shall  be  used  as  a 
place  of  storage,  keeping  or  handling  of  any  article 
dangerous  or  detrimental  to  life  or  health,  nor  for 
the  storage,  keeping  or  handling  of  feed,  hay, 
straw,  excelsior,  cotton,  paper  stock,  feathers  or 
rags. 

It  will  not  do  to  prohibit  outright  the 
keeping  of  any  combustible  article  in  a  tene- 
ment house,  as  this  would  prevent  the  sale  of 
kerosene  oil  in  a  grocery  store  in  an  apart- 
ment house,  or  of  benzine  or  alcohol  in  a  drug 
store  similarly  located.  The  fire  depart- 
ment, however,  should  have  full  authority  to 
regulate  the  conditions  under  which  such 
articles  may  be  kept  on  the  premises. 

§96.  Bakeries  and  Fat  Boiling.     No  bakery 
and  no  place  of  business  in  which  fat  is  boiled, 
shall  be  maintained  in  any  tenement  house  which 
is  not  fireproof  throughout. 
6  81 


A  MODEL  TENEMENT  HOUSE  LAW 

Bakeries  should  not  be  tolerated  in  tene- 
ment houses.  In  summer  the  heat  from  the 
ovens  is  a  source  of  great  discomfort  to  the 
tenants  and  danger  from  fire  is  always  immi- 
nent. Bakery  fires  are  very  dangerous  as  they 
occur  at  night  when  the  tenants  are  asleep. 

§97.  Other  Dangerous  Businesses.  There 
shall  be  no  transom,  window  or  door  opening  into 
a  hall  from  any  portion  of  a  tenement  house  where 
paint,  oil,  spirituous  liquors  or  drugs  are  stored 
for  the  purpose  of  sale  or  otherwise. 

As  the  public  halls  and  stairs  of  a  tenement 
house  are  the  danger  points  in  case  of  fire,  it 
is  desirable  to  have  no  connection  between 
them  and  stores  in  which  paint,  oil,  drugs  or 
liquors  are  stored. 

This  section  means  the  closing  of  the  side 
door  of  the  saloon  where  such  side  door  leads 
into  the  tenement  hall.  From  a  social  point 
of  view  this  is  an  advantage.  It  also  means 
that  existing  transoms  or  door-openings  must 
be  filled  in  solid  with  the  same  material  as  the 
partition.  Locking  the  door  or  nailing  the 
transom  will  not  satisfy  the  requirements. 

§98.  Janitor  or  Housekeeper.  In  any 
tenement  house  in  which  the  owner  thereof  does 
not  reside,  there  shall  be  a  janitor,  housekeeper 
or  other  responsible  person  who  shall  reside  in  said 
house  and  have  charge  of  the  same,  if  the  health 
department  shall  so  require. 

82 


MAINTENANCE 

It  is  desirable  that  there  should  be  a  janitor 
in  every  tenement  house  unless  the  owner 
lives  on  the  premises.  In  the  smaller  build- 
ings occupied  by  three  or  four  families  this  is 
not  always  feasible,  as  it  involves  too  great  cost 
to  the  owner.  It  is  always  desirable.  With- 
out the  janitor  or  resident  owner,  tenements 
are  apt  to  be  kept  in  an  unsanitary  condition. 

§  99.  Overcrowding.  If  a  room  in  a  tenement 
house  is  overcrowded,  the  health  department  may 
order  the  number  of  persons  sleeping  or  living  in 
said  room  to  be  so  reduced  that  there  shall  not  be 
less  than  SIX  HUNDRED  CUBIC  FEET  of  air 
to  each  adult,  and  FOUR  HUNDRED  CUBIC 
FEET  of  air  to  each  child  under  twelve  years  of 
age  occupying  such  room. 

This  is  a  very  different  provision  from  the 
one  found  in  the  laws  of  many  American 
cities  to  the  effect  that  no  room,  no  matter 
what  the  conditions,  shall  have  less  than  400 
cubic  feet  of  air  space  for  each  adult.  The 
right  to  reduce  the  number  of  occupants  of  a 
room  is  here  limited  only  to  cases  where  there 
actually  is  overcrowding. 

As  has  been  pointed  out  in  "Housing  Re- 
form", the  number  of  cubic  feet  of  air  space 
is  not  the  sole  standard.  This  is  a  matter 
which  should  be  left  to  the  discretion  of  the 
health  department,  and  if  they  find  a  room 
overcrowded  they  should  be  free  to  reduce  the 
number  of  occupants  to  reasonable  limits. 


A  MODEL  TENEMENT  HOUSE  LAW 

In  addition,  the  minimum  standard  of  the 
amount  of  air  space  is  here  raised  from  400 
cubic  feet,  the  common  standard  for  each 
adult  to  600  cubic  feet,  and  from  200  cubic 
feet  for  each  child  to  400  cubic  feet. 

§  100.  Infected  and  Uninhabitable  Houses 
to  be  Vacated.  Whenever  it  shall  be  certified 
by  an  inspector  or  officer  of  the  health  department 
that  a  tenement  house,  or  any  part  thereof,  is 
infected  with  contagious  disease,  or  that  it  is  unfit 
for  human  habitation,  or  dangerous  to  life  or 
health  by  reason  of  want  of  repair,  or  of  defects  in 
the  drainage,  plumbing,  ventilation,  or  the  con- 
struction of  the  same,  or  by  reason  of  the  existence 
on  the  premises  of  a  nuisance  likely  to  cause  sick- 
ness among  the  occupants  of  said  house,  the  de- 
partment may  issue  an  order  requiring  all  persons 
therein  to  vacate  such  house,  or  part  thereof,  with- 
in not  less  than  twenty-four  hours  nor  more  than 
ten  days,  for  the  reasons  to  be  mentioned  in  said 
order.  In  case  such  order  is  not  complied  with 
within  the  time  specified,  the  department  may 
cause  said  tenement  house  or  part  thereof  to  be 
vacated.  The  department  whenever  it  is  satis- 
fied that  the  danger  from  said  house  or  part  thereof 
has  ceased  to  exist,  or  that  it  is  fit  for  human 
habitation,  may  revoke  said  order,  or  may  extend 
the  time  within  which  to  comply  with  the  same. 

This  section  is  one  of  the  most  important 
sections    in    the    whole    law.     It    gives    the 
84 


MAINTENANCE 

health  department,  under  proper  conditions, 
the  right  to  vacate  any  house  that  is  unfit  for 
human  habitation  and  to  keep  it  vacant  till 
it  is  made  fit;  and  permits  this  without  ap- 
plication to  the  courts.  The  health  depart- 
ment can  send  its  own  officers  to  the  house 
if  its  orders  are  not  complied  with,  and  turn 
the  tenants  into  the  street  and  keep  them  out. 
This  is  done  every  week  in  New  York  City  and 
is  the  only  effective  method  of  dealing  with 
extreme  cases.  It  is  an  extreme  power 
which  should  only  be  used  where  conditions 
entirely  warrant  it. 

§  101.  Repairs  to  Buildings,  &c.  Whenever 
any  tenement  house  or  any  building,  structure, 
excavation,  business  pursuit,  matter  or  thing,  in 
or  about  a  tenement  house,  or  the  lot  on  which  it 
is  situated,  or  the  plumbing,  sewerage,  drainage, 
light  or  ventilation  thereof,  is  in  the  opinion  of  the 
health  department  in  a  condition  or  in  effect 
dangerous  or  detrimental  to  life  or  health,  the 
department  may  declare  that  the  same,  to  the 
extent  it  may  specify,  is  a  public  nuisance,  and 
may  order  the  same  to  be  removed,  abated,  sus- 
pended, altered  or  otherwise  improved  or  purified, 
as  the  order  shall  specify.  The  department  may 
also  order  or  cause  any  tenement  house  or  part 
thereof  or  any  excavation,  building,  structure, 
sewer,  plumbing  pipe,  passage,  premises,  ground, 
matter  or  thing,  in  or  about  a  tenement  house,  or 
the  lot  on  which  it  is  situated,  to  be  purified, 

85 


A  MODEL  TENEMENT  HOUSE  LAW 

cleansed,  disinfected,  removed,  altered,  repaired  or 
improved.  If  any  order  of  the  department  is  not 
complied  with,  or  so  far  complied  with  as  the  de- 
partment may  regard  as  reasonable,  within  five 
days  after  the  service  thereof,  or  within  such 
shorter  time  as  the  department  may  designate, 
then  such  order  may  be  executed  by  said  depart- 
ment through  its  officers,  agents,  employees  or 
contractors. 

There  are  cases  where  there  are  conditions 
in  a  tenement  which  do  not  make  the  house  un- 
fit for  habitation,  which  do  not  in  themselves 
constitute  a  nuisance  and  where  it  has  not 
been  possible  to  foresee  the  exact  conditions 
in  the  law.  In  such  cases  the  health  depart- 
ment should  have  the  power  to  require  the 
conditions  to  be  remedied. 

§  102.  Fire-Escapes.  The  owner  of  every 
tenement  house  shall  keep  all  the  fire-escapes 
thereon  in  good  order  and  repair,  and  whenever 
rusty  shall  have  them  properly  painted  with  two 
coats  of  paint.  No  person  shall  at  any  time  place 
any  incumbrance  of  any  kind  before  or  upon  any 
such  fire-escape. 

§  103.  Scuttles,  Bulkheads,  Ladders  and 
Stairs.  All  scuttles  and  bulkheads  and  all  stairs 
or  ladders  leading  thereto  shall  be  easily  accessible 
to  all  tenants  of  the  building,  and  kept  free  from 
incumbrance,  and  ready  for  use  at  all  times.  No 
scuttle  and  no  bulkhead  door  shall  at  any  time 

86 


MAINTENANCE 

be  locked  with  a  key,  but  either  may  be  fastened 
on  the  inside  by  movable  bolts  or  hooks. 

Lives  are  frequently  lost  in  tenement  fires 
because  when  the  tenants  attempt  to  escape 
to  the  roof  through  the  scuttle  or  bulkhead 
they  find  the  scuttle  nailed  down  or  the  bulk- 
head door  locked  and  the  key  in  the  janitor's 
pocket.  They  then  become  trapped  in  the 
top  floor  hallway  and  lose  their  lives. 

It  is  essential,  therefore,  that  scuttles 
should  be  so  arranged  that  they  can  be  easily 
raised  by  the  tenants  in  case  of  fire,  and  that 
bulkhead  doors  should  be  kept  unlocked. 
There  must,  however,  be  some  means  of 
fastening  them,  otherwise  thieves  can  get  in 
from  the  outside  and  rob  the  tenants.  A 
movable  bolt  or  a  hook  will  be  found  to  be  an 
adequate  means  of  fastening  the  scuttle  or 
door  to  keep  intruders  out,  and  will  permit 
the  immediate  opening  of  the  door  from  the 
inside  in  the  event  of  fire. 


s? 


CHAPTER  V 


IMPROVEMENTS 


In  This  Chapter  will  be  Found  those  Im- 
provements in  the  Older  Buildings  which 
should  be  Required  as  a  Matter  of  Compul- 
sory Legislation. 


Chapter  V 

IMPROVEMENTS 

§110.  Rooms,  Lighting  and  Ventilation  of. 
No  room  in  a  tenement  house  erected  prior  to  the 
passage  of  this  act  shall  hereafter  be  occupied  for 
living  purposes  unless  it  shall  have  a  window  open- 
ing directly  upon  the  street,  or  upon  a  yard  not 
less  than  TEN  feet  deep,  or  above  the  roof  of  an 
adjoining  building,  or  upon  a  court  of  not  less 
than  TWENTY  square  feet  in  area,  open  to  the 
sky  without  roof  or  skylight,  unless  such  room  is 
located  on  the  top  floor  and  is  adequately  lighted 
and  ventilated  by  a  skylight  opening  directly  to 
the  outer  air.  Every  room  which  does  not  comply 
with  the  above  provisions  shall  be  provided  with  a 
sash  window,  opening  into  an  adjoining  room  in 
the  same  apartment  which  latter  room  either 
opens  directly  on  the  street  or  on  a  yard  of  the 
above  dimensions,  or  itself  connects  by  a  similar 
sash  window  or  series  of  windows  with  such  an 
outer  room.  Said  sash  window  shall  be  a  ver- 
tically-sliding pulley-hung  sash  not  less  than  three 
feet  by  five  feet  between  stop  beads,  both  halves 
shall  be  made  so  as  to  readily  open,  and  the  lower 
half  shall  be  glazed  with  translucent  glass,  and  so 

9i 


A  MODEL  TENEMENT  HOUSE  LAW 

far  as  possible  it  shall  be  in  line  with  windows  in 
outer  rooms  opening  on  the  street  or  yard  so  as 
to  afford  a  maximum  of  light  and  ventilation. 
In  the  case  of  rooms  located  in  apartments  that 
extend  through  from  the  street  to  the  yard,  thus 
ensuring  through  ventilation,  where  such  rooms 
are  already  provided  either  with  windows,  window 
openings,  glass  sliding  doors,  or  large  alcove  open- 
ings to  adjoining  rooms  but  do  not  comply  with 
all  the  provisions  of  this  section,  the  health  de- 
partment when  satisfied  that  no  material  improve- 
ment in  the  light  and  ventilation  of  such  rooms 
can  be  had  that  would  warrant  the  providing  of 
new  windows  of  the  size  and  kind  specified,  may 
permit  the  occupancy  of  such  rooms  for  living 
purposes  in  the  following  cases,  provided  such 
improvements  or  alterations  as  may  be  prac- 
ticable and  as  are  required  by  said  department 
are  made  by  the  owner: 

(i)  Where  there  is  an  existing  window  or 
window-opening  from  such  interior  room  to  an 
adjoining  room  and  such  window  or  opening  is  not 
less  than  TEN  SQUARE  FEET  in  area. 

(2)  Where  there  is  an  existing  glass  sliding  door 
or  an  alcove  opening  of  sufficient  size  from  such 
interior  room  to  an  adjoining  room. 

(3)  Where  rooms  located  on  the  top  floor  open 
upon  a  court  of  less  size  than  TWENTY  square 
feet  or  closed  at  the  top,  but  such  rooms  have 
sufficient  light  and  ventilation. 

(4)  Where  owing  to  the  size  of  partitions,  ar- 

92 


IMPROVEMENTS 

rangement  of  rooms,  location  of  fixed  closets  or 
stairs,  or  the  interposition  of  air-shafts,  it  is  im- 
practicable to  provide  a  window  of  the  required 
size,  and  a  window  as  large  as  practicable  is  pro- 
vided. 

This  provision  is  an  attempt  to  deal  in  a 
practical  way  with  dark  unventilated  rooms 
in  existing  houses.  In  effect  it  means  that 
every  room  in  an  existing  house  shall  either 
have  a  window  to  the  outer  air,  (namely,  the 
street,  yard,  or  a  court  of  a  certain  size), 
or  shall  have  a  large  window  communicating 
with  an  adjoining  room  in  the  same  apart- 
ment; thus  securing  some  improvement  in  the 
existing  conditions  of  light  and  ventilation. 
It  is  important  to  prescribe  the  minimum 
size  of  such  windows  that  may  be  hereafter 
cut  into  the  partitions.  The  purpose  of  re- 
quiring them  to  be  double-hung  sash  instead 
of  hinged,  is  to  ensure  adequacy  of  ventila- 
tion. Hinged  windows  easily  get  broken  and 
the  result  is  that  they  are  in  a  short  time 
nailed  fast,  thus  almost  hermetically  sealing 
the  rooms.  The  purpose  of  requiring  the 
lower  sash  to  be  of  translucent  glass  is  to  en- 
sure privacy  for  the  people  using  the  rooms. 

There  are  many  existing  rooms  which  do 
not  comply  in  every  detail  with  the  stand- 
ards established  in  the  first  part  of  this  sec- 
tion and  where  to  cut  in  new  windows  would 
be  unnecessarv  and  in  some  cases  disadvan- 
tageous.  The  latter  part  of  the  section  is 
93 


A  MODEL  TENEMENT  HOUSE  LAW 

enacted  for  the  purpose  of  permitting  the 
occupancy  of  such  rooms,  where  the  existing 
conditions  are  adequate,  as  set  forth  in  sub- 
divisions i,  2,  3  and  4  of  this  section. 

§  in.  Public  Halls,  Lighting  of.  In  every 
tenement  house  whenever  a  public  hall  on  any 
floor  is  not  light  enough  in  the  day  time  to  permit 
a  person  to  read  in  every  part  thereof  without  the 
aid  of  artificial  light,  the  wooden  panels  in  the  doors 
located  at  the  ends  of  the  public  halls  and  opening 
into  rooms  shall  be  removed,  and  ground  glass  or 
other  translucent  glass  or  wire  glass  panels  of  an 
aggregate  area  of  not  less  than  four  square  feet 
for  each  door  shall  be  substituted;  or  said  public 
hall  may  be  lighted  by  a  window  at  the  end 
thereof  with  the  plane  of  the  window  at  right 
angles  to  the  axis  of  the  said  hall,  said  window 
opening  upon  the  street  or  upon  a  yard  or  court. 

This  provision  is  intended  to  make  dark 
halls  a  little  lighter.  It  will  not  make  them 
light  but  it  will  improve  conditions  consid- 
erably at  very  slight  expense.  It  should  be 
noted  that  the  taking  out  of  the  wooden 
panels  in  the  doors  is  limited  to  those  doors 
which  are  at  the  ends  of  public  halls  and  open 
directly  into  rooms.  There  are  frequently 
doors  at  the  sides  of  the  public  halls;  re- 
moving the  wooden  panels  from  these  doors 
would  as  a  rule  be  of  no  benefit.  It  should 
also  be  noted  that  this  requirement  does  not 
apply  to  doors  from  public  halls  leading  into 
94 


IMPROVEMENTS 

private  halls,  such  as  will  be  found  in  the 
better  class  flats  and  apartments,  but  only  to 
doors  leading  directly  into  rooms.  Where  it 
is  possible  in  an  existing  hall  to  provide  a  win- 
dow to  the  outer  air  it  is  far  better  than  to 
take  out  the  wooden  panels  in  the  doors. 

§  112.  Public  Halls,  Lighting  and  Ventila- 
tion of.  In  all  tenement  houses  erected  prior 
to  the  passage  of  this  act,  the  public  halls  and 
stairs  shall  be  provided  with  as  much  light  and 
ventilation  to  the  outer  air  as  may  be  deemed 
practicable  by  the  health  department,  which  may 
order  such  improvements  and  alterations  in  said 
houses  as  in  its  judgment  may  be  necessary  to 
accomplish  this  result.  All  new  skylights  here- 
after placed  in  such  houses  shall  be  provided  with 
ridge  ventilators  having  a  minimum  opening  of 
FORTY  SQUARE  INCHES  and  also  with  either 
fixed  or  movable  louvres  or  with  movable  sashes, 
and  shall  be  of  such  size  as  may  be  determined  to 
be  practicable  by  said  department. 

This  section  is  enacted  for  the  purpose  of 
giving  the  health  authorities  the  power  to 
improve  in  every  way  practicable  the  light- 
ing and  ventilation  of  existing  hallways.  In 
some  cases  it  may  be  by  the  cutting  in  of  a 
window  to  the  street  or  yard;  in  others,  to  the 
yard  of  an  adjoining  building;  while  in  many 
the  only  improvement  that  can  be  had  will  be 
by  means  of  a  ventilating  skylight  in  the 
roof.  Where  such  skylights  are  provided  the 
95 


A  MODEL  TENEMENT  HOUSE  LAW 

minimum  requirements  as  to  ventilation  are 
set  down.  The  size  of  the  skylight  will  vary 
with  the  conditions  in  each  building.  There 
is  no  advantage  in  requiring  a  large  skylight 
where  there  is  a  small  stairwell  or  no  well. 
Under  such  circumstances  this  would  only 
light  the  hall  on  the  top  floor. 

§  113.  Sinks.  In  all  tenement  houses  erected 
prior  to  the  passage  of  this  act,  the  woodwork  en- 
closing sinks  located  in  the  public  halls  or  stairs 
shall  be  removed,  and  the  space  underneath  said 
sinks  shall  be  left  open.  The  floors  and  wall  sur- 
faces beneath  and  around  the  sink  shall  be  put  in 
good  order  and  repair,  and  if  of  wood  shall  ;be 
well  painted  with  light-colored  paint. 

This  is  a  requirement  compelling  the  re- 
moval of  all  enclosing  woodwork  from  sinks 
in  public  halls;  it  does  not  apply  to  sinks  in 
individual  apartments.  Sinks  in  public  halls 
used  in  common  by  several  families  if  en- 
closed in  woodwork  are  apt  to  become  a  sani- 
tary evil.  The  woodwork  becomes  saturated 
with  water  and  slops  and  is  a  harboring  place 
for  vermin  and  disease  germs.  Moreover,  if 
the  plumbing  is  defective  and  is  enclosed,  the 
defects  are  not  noted.  In  order  to  show  up 
accumulations  of  filth  underneath  them  it  is 
wise  to  require  the  floor  to  be  painted  white. 

§114.  Water-Closets.  In  all  tenement 
houses  erected  prior  to  the  passage  of  this  act,  the 
woodwork  enclosing  all  water-closets  shall  be  re- 

96 


IMPROVEMENTS 

moved  from  the  front  of  said  closets,  and  the 
space  underneath  the  seat  shall  be  left  open.  The 
floor  or  other  surface  beneath  and  around  the 
closet  shall  be  put  in  good  order  and  repair  and  if 
of  wood  shall  be  well  painted  with  light-colored 
paint. 

This   section   is   necessary   for   the   same 
reasons  as  noted  in  section  113. 

§115.  Privy  Vaults,  School-Sinks  and 
Water-Closets.  In  all  tenement  houses  erected 
prior  to  the  passage  of  this  act,  where  a  connection 
with  a  sewer  is  possible,  all  school-sinks,  privy 
vaults  or  other  similar  receptacles  used  to  receive 
fecal  matter,  urine  or  sewage,  shall  before  Jan- 
uary first,  nineteen  hundred  and  be 
completely  removed  and  the  place  where  they 
were  located  properly  disinfected  under  the  direc- 
tion of  the  health  department.  Such  appliances 
shall  be  replaced  by  individual  water-closets  of 
durable  non-absorbent  material,  properly  sewer- 
connected,  and  with  individual  traps,  and  prop- 
erly-connected flush  tanks  providing  an  ample 
flush  of  water  to  thoroughly  cleanse  the  bowl. 
Each  water-closet  shall  be  located  in  a  compart- 
ment completely  separated  from  every  other 
water-closet,  and  such  compartment  shall  contain 
a  window  of  not  less  than  THREE  SQUARE 
FEET  in  area  opening  directly  to  the  street,  or 
yard  or  on  a  court  of  the  minimum  size  prescribed 
7                                  97 


A  MODEL  TENEMENT  HOUSE  LAW 

in  section  thirteen  of  this  act.  The  floors  of  the 
water-closet  compartments  shall  be  waterproof  as 
provided  in  section  thirty-four  of  this  act.  Where 
water-closets  are  placed  in  the  yard  to  replace 
school-sinks  or  privy  vaults  long  hopper  closets 
may  be  used;  but  all  traps,  flush  tanks  and  pipes 
shall  be  protected  against  the  action  of  frost.  In 
such  cases,  the  structure  containing  the  water- 
closets  shall  not  exceed  TEN  FEET  in  height; 
such  structure  shall  be  provided  with  a  ventilating 
skylight  in  the  roof,  of  an  adequate  size,  and  each 
water-closet  shall  be  located  in  a  compartment 
completely  separated  from  every  other  water- 
closet.  Proper  and  adequate  means  for  lighting 
the  structure  at  night  shall  be  provided.  There 
shall  be  provided  at  least  one  water-closet  for 
every  two  families  in  every  tenement  house  exist- 
ing on  the  day  this  act  takes  effect.  Except  as  in 
this  section  otherwise  provided  such  water-closets 
and  all  plumbing  in  connection  therewith  shall 
be  in  accordance  with  the  ordinances  and  regula- 
tions in  relation  to  plumbing  and  drainage. 

This  is  the  most  important  provision  that 
can  be  enacted  with  regard  to  the  improve- 
ment of  the  older  buildings.  It  is  one  which 
will  create  the  most  opposition  as  it  involves 
owners  in  considerable  expense,  yet  all  cities 
should  unhesitatingly  enact  it.  It  requires  ex- 
isting privy  vaults,  school-sinks  and  similar 
contrivances  to  be  done  away  with  within  a 
98 


IMPROVEMENTS 

certain  time  and  new  modern  sanitary  water- 
closets  installed  in  their  place. 

A  similar  provision  was  put  into  effect 
in  New  York  City  in  1901.  Its  constitu- 
tionality was  contested  and  the  case  went 
through  all  the  courts  of  the  state  and  ulti- 
mately to  the  Supreme  Court  of  the  United 
States.  The  law  was  uniformly  sustained  in 
each  of  these  courts.  While  it  is  desirable 
that  the  new  water-closets  should  be  placed 
inside  the  tenement  house  it  is  not  reasonable 
to  require  this  as  a  matter  of  statute.  The 
owner  should  be  given  the  choice  of  placing  the 
new  closets  either  inside  the  building  or  in  the 
yard,  though  he  should  be  encouraged  in  every 
way  to  put  them  inside  the  building.  Water- 
closets  in  the  yard  are  a  makeshift  and  almost 
as  serious  a  sanitary  evil  as  the  privies  which 
they  replace.  If  new  closets  are  placed  in  the 
yard  they  must  be  protected  against  frost. 
In  some  cities  this  is  almost  impossible  with- 
out maintaining  artificial  heat  to  protect  the 
flush  tanks.  Traps  can  be  protected  against 
frost  by  using  a  type  of  fixture  known  as  the 
long  hopper  closet,  which  is  an  objectionable 
type  as  it  has  a  large  fouling  surface  and  can- 
not easily  be  cleaned.  Every  effort  should  be 
made  to  get  the  new  closets  inside  the  build- 
ing. This  can  be  done  by  giving  up  one 
room  on  the  ground  floor  or  top  floor  to  a 
group  of  closets,  having  each  closet  sepa- 
rately ventilated  to  the  outer  air  and  in  a 
separate  compartment,  or  it  can  be  done  by 

99 


A  MODEL  TENEMENT  HOUSE  LAW 

putting  one  or  two  closets  on  each  floor  in 
the  public  hallways  or  between  two  apart- 
ments, depending  upon  the  number  of  families 
on  a  floor.  This  is  the  better  way.  There 
is  always  space  inside  the  building  though 
owners  will  say  there  isn't.  It  means  alter- 
ation, however,  and  readjustment  and  some- 
times the  giving  up  of  rentable  floor  space. 

§  1 1 6.  Basements  and  Cellars.  The  floor  of 
the  cellar  or  lowest  floor  of  every  tenement  house 
shall  be  free  from  dampness  and,  when  necessary, 
shall  be  concreted  with  four  inches  of  concrete  of 
good  quality  and  with  a  finished  surface.  The 
cellar  ceiling  of  every  tenement  house  shall  be 
plastered,  when  so  required  by  the  health  depart- 
ment, except  where  such  ceiling  is  already  well 
sheathed  with  matched  boards  or  well  covered 
with  a  metal  ceiling  or  where  the  first  floor  above 
the  cellar  is  constructed  of  iron  beams  and  fire- 
proof filling. 

Damp  cellars  cause  disease.  Where  soilf 
conditions  are  good  and  the  cellar  floor,  for 
instance,  is  of  rock,  it  is  not  necessary  to 
concrete  it,  but  whenever  necessary  to  prevent 
dampness  the  floor  should  be  concreted.  The 
purpose  of  requiring  the  cellar  to  be  plastered 
is  to  prevent  cellar  air  from  permeating  the 
rest  of  the  building. 

§  1 17.  Shafts  and  Courts.  In  every  tenement 
house  there  shall  be,  at  the  bottom  of  every  shaft 

100 


IMPROVEMENTS 

and  court,  a  door  giving  sufficient  access  to  such 
shaft  or  court  to  enable  it  to  be  properly  cleaned 
out.  Provided,  that  where  there  is  already  a 
window  giving  proper  access  to  such  shaft  or 
court,  such  window  shall  be  deemed  sufficient. 

Tenants  frequently  throw  waste  material 
out  of  the  windows  and  this  accumulates  at 
the  bottom  of  shafts  and  courts.  Unless  it 
is  easy  to  get  at  this  and  clean  it  out,  it  will 
be  neglected. 

§118.  Fire-Escapes.  Every  tenement  house 
shall  be  provided  either  with  fireproof  outside 
stairways  or  fire-escapes  directly  accessible  to  each 
apartment  without  passing  through  a  public  hall- 
way. No  existing  fire-escape  shall  be  deemed 
sufficient  unless  the  following  conditions  are 
complied  with: 

(i)  All  parts  of  it  shall  be  of  iron  or  stone. 

(2)  Every  apartment  above  the  ground  floor 
in  each  tenement  house  shall  have  a  fire-escape 
balcony  directly  accessible  to  it  without  passing 
through  a  public  hall. 

(3)  All  balconies  shall  be  properly  connected 
with  each  other  by  adequate  stairs  or  stationary 
ladders,  with  openings  not  less  than  TWENTY- 
ONE  BY  TWENTY-EIGHT  INCHES. 

(4)  All  fire-escapes  shall  have  proper  drop  lad- 
ders from  the  lowest  balcony  of  sufficient  length 
to  reach  a  safe  landing  place  beneath. 

101 


A  MODEL  TENEMENT  HOUSE  LAW 

(5)  All  fire-escapes  not  on  the  street  shall  have 
a  safe  and  adequate  means  of  egress  from  the  yard 
or  court  to  the  street  or  to  the  adjoining  premises. 

(6)  Prompt  and  ready  access  shall  be  had  to  all 
fire-escapes,  which  shall  not  be  obstructed  by 
bath-tubs,  water-closets,  sinks  or  other  fixtures,  or 
in  any  other  way. 

All  fire-escapes  that  are  already  erected  which 
do  not  conform  to  the  requirements  of  this  section 
may  be  altered  by  the  owner  to  make  them  so 
conform  in  lieu  of  providing  new  fire-escapes,  but 
no  existing  fire-escape  shall  be  extended  or  have 
its  location  changed  except  with  the  written  ap- 
proval of  the  building  department. 

There  will  be  found  in  every  city  many 
buildings  not  originally  erected  as  tenement 
houses  and  which  are  not  provided  with  fire- 
escapes.  Every  building,  no  matter  when  it 
was  erected,  if  it  has  three  families  or  more 
should  have  fire-escapes  of  the  right  kind. 
In  addition,  there  will  be  found  existing 
buildings  with  wooden  fire-escapes  on  them 
which  are  entirely  inadequate.  These  should 
be  so  changed  as  to  be  adequate.  The  mini- 
mum requirements  of  what  constitutes  an 
adequate  fire-escape  are  set  down  in  this  sec- 
tion. It  will  be  noted  that  stationary  ladders 
are  here  permitted  connecting  the  balconies, 
whereas  in  new  fire-escapes  they  are  for- 
bidden and  stairs  are  required.  It  would  not 
be  reasonable  to  require  existing  fire-escapes 
102 


IMPROVEMENTS 

now  equipped  with  ladders  to  be  altered  and 
stairs  substituted,  as  this  would  practically 
mean  the  complete  demolition  of  the  fire- 
escapes  and  the  erection  of  new  ones. 

§119.  Wooden  Fire-Escapes.  All  wooden 
floor  slats,  floors,  stairs,  ladders,  balconies  or  other 
wooden  portions  of  now-existing  fire-escapes  shall 
be  removed  and  replaced  with  iron. 

§  120.  Means  of  Egress.  Whenever  a  tene- 
ment house  is  not  provided  with  sufficient  fire- 
escapes  or  with  sufficient  means  of  egress  in  case 
of  fire,  the  building  department  may  order  such 
additional  fire-escapes  and  other  means  of  egress 
as  may  be  necessary. 

This  is  a  requirement  to  permit  the  depart- 
ment, where  for  some  reason  the  existing  means 
of  egress  are  not  sufficient,  to  impose  upon 
the  owner  additional  requirements  calling  for 
supplementary  means  of  egress.  This  is  not 
in  any  way  to  be  construed  as  permitting 
alternative  means  of  egress  in  lieu  of  fire- 
escapes. 

§  121.  Scuttles,  Bulkheads,  Ladders  and 
Stairs.  Every  tenement  house  erected  prior  to 
the  passage  of  this  act,  shall  have  in  the  roof  a 
bulkhead  or  a  scuttle  which  shall  be  not  less  than 
TWENTY-ONE  INCHES  BY  TWENTY-EIGHT 
INCHES.  All  scuttles  shall  be  covered  on  the 
outside  with  metal  and  shall  be  provided  with 
stairs  or  stationary  ladders  leading  thereto  and 

103 


A  MODEL  TENEMENT  HOUSE  LAW 

easily  accessible  to  all  tenants  of  the  building. 
No  scuttle  shall  be  located  in  a  room,  but  all 
scuttles  shall  be  located  in  the  ceiling  of  the  public 
hall  on  the  top  floor,  and  access  through  the 
scuttle  to  the  roof  shall  be  direct  and  uninter- 
rupted. If  located  in  a  closet,  said  closet  shall 
open  from  the  public  hall  and  the  door  to  it  shall 
be  permanently  removed,  or  shall  be  fastened 
only  by  movable  bolts  or  hooks  without  key-locks. 
When  deemed  necessary  by  the  building  depart- 
ment scuttles  shall  be  hinged  so  as  to  readily  open. 
Every  bulkhead  in  a  tenement  house  shall  have 
stairs  with  a  guide  or  hand-rail  leading  to  the  roof, 
and  such  stairs  shall  be  kept  free  from  incum- 
brance at  all  times.  No  scuttle  and  no  bulkhead 
door  shall  at  any  time  be  locked  with  a  key,  but 
either  may  be  fastened  on  the  inside  by  movable 
bolts  or  hooks.  All  key-locks  on  scuttles  and  on 
bulkhead  doors  shall  be  removed. 


104 


CHAPTER  VI 


REQUIREMENTS  AND  REMEDIES 


In  this  Chapter  will  be  Found  the  Legal 
Requirements,  Penalties  for  Violations  of 
the  Law,  etc. 


Chapter  VI 

REQUIREMENTS  AND  REMEDIES 

§  130.  Permit  to  Commence  Building.  Be- 
fore the  construction  or  alteration  of  a  tenement 
house,  or  the  alteration  or  conversion  of  a  building 
for  use  as  a  tenement  house,  is  commenced,  and 
before  the  construction  or  alteration  of  any  build- 
ing or  structure  on  the  same  lot  with  a  tenement 
house,  the  owner,  or  his  agent  or  architect,  shall 
submit  to  the  health  department  and  to  the  build- 
ing department  separately  a  detailed  statement 
in  writing,  verified  by  the  affidavit  of  the  person 
making  the  same,  of  the  specifications  for  such 
tenement  house  or  building,  upon  blanks  or  forms 
to  be  furnished  by  such  departments,  and  also 
full  and  complete  copies  of  the  plans  of  such  work. 
Such  statement  shall  give  in  full  the  name  and 
residence,  by  street  and  number,  of  the  owner  or 
owners  of  such  tenement  house  or  building.  If 
such  construction,  alteration  or  conversion  is 
proposed  to  be  made  by  any  other  person  than 
the  owner  of  the  land  in  fee,  such  statement  shall 
contain  the  full  name  and  residence,  by  street  and 
number,  not  only  of  the  owner  of  the  land,  but  of 
every  person  interested  in  such  tenement  house, 

107 


A  MODEL  TENEMENT  HOUSE  LAW 

either  as  owner,  lessee  or  in  any  representative 
capacity.  Said  affidavit  shall  allege  that  said 
specifications  and  plans  are  true  and  contain  a 
correct  description  of  such  tenement  house,  build- 
ing, structure,  lot  and  proposed  work.  The 
statements  and  affidavits  herein  provided  for  may 
be  made  by  the  owner,  or  the  person  who  proposes 
to  make  the  construction,  alteration  or  conversion, 
or  by  his  agent  or  architect.  No  person,  however, 
shall  be  recognized  as  the  agent  of  the  owner, 
unless  he  shall  file  with  the  said  departments  a 
written  instrument,  signed  by  such  owner,  desig- 
nating him  as  such  agent.  Any  false  swearing 
in  a  material  point  in  any  such  affidavit  shall  be 
deemed  perjury.  Such  specifications,  plans  and 
statements  shall  be  filed  in  the  said  departments 
and  shall  be  deemed  public  records,  but  no  such 
specifications,  plans  or  statements  shall  be  re- 
moved from  said  departments.  The  said  depart- 
ments shall  cause  all  such  plans  and  specifications 
to  be  examined.  If  such  plans  and  specifications 
conform  to  the  provisions  of  this  act  relative  to 
the  light  and  ventilation  and  sanitation  of  tene- 
ment houses  hereafter  erected  or  altered,  as  the 
case  may  be,  they  shall  be  approved  by  the  health 
department,  and  if  they  conform  to  the  provisions 
of  this  act  relative  to  the  fire  protection  of  tene- 
ment houses  hereafter  erected  or  altered,  as  the 
case  may  be,  they  shall  be  approved  by  the  build- 
ing department  and  written  certificates  to  that 

1 08 


REQUIREMENTS    AND    REMEDIES 

effect  shall  be  issued  by  said  departments  re- 
spectively to  the  person  submitting  the  same. 
Each  such  department  may,  from  time  to  time, 
approve  changes  in  any  plans  and  specifications 
previously  approved  by  it,  provided  the  plans  and 
specifications  when  so  changed  shall  be  in  con- 
formity with  law.  The  construction,  alteration  or 
conversion  of  such  tenement  house,  building  or 
structure  or  any  part  thereof,  shall  not  be  com- 
menced until  the  filing  of  such  specifications,  plans 
and  statements,  and  the  approval  thereof,  as 
above  provided.  The  construction,  alteration  or 
conversion  of  such  house,  building  or  structure, 
shall  be  in  accordance  with  such  approved  specifi- 
cations and  plans.  Any  permit  or  approval  which 
may  be  issued  by  the  health  department  and  the 
building  department  but  under  which  no  work  has 
been  done  above  the  foundation  walls  within  one 
year  from  the  time  of  the  issuance  of  such  permit 
or  approval,  shall  expire  by  limitation.  Said  de- 
partments shall  have  power  to  revoke  or  cancel 
any  permit  or  approval  in  case  of  any  failure  or 
neglect  to  comply  with  any  of  the  provisions  of 
this  act,  or  in  case  any  false  statement  or  repre- 
sentation is  made  in  any  specifications,  plans  or 
statements  submitted  or  filed  for  such  permit  or 
approval. 

This   section    provides   for   the   procedure 
with  regard  to  the  filing  of  plans  and  specifica- 
tions before  building  a  new  tenement  house 
or  altering  an  existing  one.     It  should  be 
109 


A  MODEL  TENEMENT  HOUSE  LAW 

noted  that  the  same  requirements  apply  to 
the  conversion  of  an  existing  building  for  use 
as  a  tenement  house,  that  is,  the  changing  of 
its  occupancy  so  as  to  make  it  a  tenement 
even  though  no  alterations  are  made.  The 
requirement  that  certain  statements  shall  be 
"verified  by  the  person  making  them",  means 
that  they  shall  be  sworn  to  before  a  notary  or 
a  commissioner  of  deeds.  No  person  should 
be  permitted  to  file  plans  and  applications 
unless  his  authority  so  to  do  is  recorded  in 
writing  and  signed  by  the  owner. 

§  131.  Certificate  of  Compliance.  No  build- 
ing hereafter  constructed  as  or  altered  into  a 
tenement  house  shall  be  occupied  in  whole  or  in 
part  for  human  habitation  until  the  issuance  of  a 
certificate  by  the  health  department  that  said 
building  conforms  in  all  respects  to  the  require- 
ments of  this  act  relative  to  the  light  and  venti- 
lation and  sanitation  of  tenement  houses  hereafter 
erected,  nor  until  the  issuance  by  the  building 
department  of  a  certificate  that  said  building 
conforms  in  all  respects  to  the  requirements  of 
this  act  relative  to  fire  protection  of  tenement 
houses  hereafter  erected.  Such  certificates  shall 
be  issued  within  TEN  DAYS  after  written  applica- 
tion therefor,  if  said  building  at  the  date  of  such 
application  shall  be  entitled  thereto. 

This  is  a  very  important  requirement.     It 
,  prevents  the  occupancy  of  a  new  tenement 
without  a  certificate  that  it  has  been  built 
no 


REQUIREMENTS   AND   REMEDIES 

according  to  law.  This  provision  should  be 
strictly  enforced  and  owners  should  not  be 
permitted  to  put  tenants  in  new  buildings 
without  such  certificates.  It  is  no  hardship 
to  require  the  owner  of  a  new  building  to 
build  it  in  accordance  with  the  law  in  every 
respect.  It  is  his  business  to  know  what  the 
law  is  before  he  builds  and  to  comply  with  it. 

§  132.  Unlawful  Occupation.  If  any  build- 
ing hereafter  constructed  as  or  altered  into  a 
tenement  house  be  occupied  in  whole  or  in  part 
for  human  habitation  in  violation  of  the  last 
section,  during  such  unlawful  occupation  any  bond 
or  note  secured  by  a  mortgage  upon  said  building, 
or  the  lot  upon  which  it  stands,  may  be  declared 
due  at  the  option  of  the  mortgagee.  No  rent  shall 
be  recoverable  by  the  owner  or  lessee  of  such 
premises  for  said  period,  and  no  action  or  special 
proceeding  shall  be  maintained  therefor,  or  for 
possession  of  said  premises  for  non-payment  of 
such  rent.  And  said  premises  shall  be  deemed 
unfit  for  human  habitation,  and  the  department 
of  health  may  cause  them  to  be  vacated  accord- 
ingly. 

This  seemingly  drastic  provision  is  neces- 
sary in  order  to  prevent  the  occupancy  of  new 
buildings  built  contrary  to  law  and  which  do 
not  have  a  certificate  as  required  in  section  131. 
The  department  of  health  should  not  hesitate 
to  vacate  buildings  thus  unlawfully  occupied. 


A  MODEL  TENEMENT  HOUSE  LAW 

§133.  Penalties  for  Violations.  Every  per- 
son who  shall  violate  or  assist  in  the  violation  of 
any  provision  of  this  act  shall  be  guilty  of  a  mis- 
demeanor punishable  by  imprisonment  for  TEN 
DAYS  for  each  and  every  day  that  such  violation 
shall  continue,  or  by  a  fine  of  not  less  than  TEN 
DOLLARS  nor  more  than  ONE  HUNDRED 
DOLLARS  if  the  offense  be  not  wilful,  or  of  TWO 
HUNDRED  AND  FIFTY  DOLLARS  if  the 
offense  be  wilful,  and  in  every  case  of  TEN  DOL- 
LARS for  each  day  after  the  first  that  such  viola- 
tion shall  continue,  or  by  both  such  fine  and  im- 
prisonment in  the  discretion  of  the  court;  pro- 
vided that  the  penalty  for  incumbrance  of  a  fire- 
escape  by  an  occupant  of  the  tenement  house  shall 
be  a  fine  of  ten  dollars,  which  the  nearest  police 
magistrate  shall  have  jurisdiction  to  impose.  The 
owner  of  any  tenement  house  or  part  thereof,  or 
of  any  building  or  structure  upon  the  same  lot 
with  a  tenement  house,  or  of  the  said  lot,  where 
any  violation  of  this  act  or  a  nuisance  exists,  and 
any  person  who  shall  violate  or  assist  in  violating 
any  provision  of  this  act,  or  any  notice  or  order  of 
the  departments  charged  with  its  enforcement, 
shall  also  jointly  and  severally  for  each  such  vio- 
lation and  each  such  nuisance  be  subject  to  a  civil 
penalty  of  fifty  dollars.  Such  persons  shall  also 
be  liable  for  all  costs,  expenses  and  disbursements 
paid  or  incurred  by  said  departments,  by  any  of 
the  officers  thereof  or  by  any  agent,  employee  or 


REQUIREMENTS    AND    REMEDIES 

contractor  of  the  same,  in  the  removal  of  any  such 
nuisance  or  violation.  Any  person  who  having 
been  served  with  a  notice  or  order  to  remove  any 
such  nuisance  or  violation,  shall  fail  to  comply 
with  said  notice  or  order  within  FIVE  DAYS  after 
such  service,  or  shall  continue  to  violate  any 
provision  or  requirement  of  this  act  in  the  re- 
spect named  in  said  notice  or  order,  shall  also  be 
subject  to  a  civil  penalty  of  two  hundred  and  fifty 
dollars.  For  the  recovery  of  any  such  penalties, 
costs,  expenses  or  disbursements,  an  action  may 
be  brought  in  any  court  of  civil  jurisdiction.  In 
case  the  notice  required  by  section  one  hundred 
and  thirty-seven  of  this  act  is  not  filed,  or  in  case 
the  owner,  lessee  or  other  person  having  control 
of  such  tenement  house  does  not  reside  within  the 
state,  or  can  not  after  diligent  effort  be  served 
with  process  therein,  the  existence  of  a  nuisance  or 
of  any  violation  of  this  act,  or  of  any  violation  of 
an  order  or  a  notice  made  by  said  departments,  in 
said  tenement  house  or  on  the  lot  on  which  it  is 
situated,  shall  subject  said  tenement  house  and 
lot  to  a  penalty  of  two  hundred  and  fifty  dollars. 
Said  penalty  shall  be  a  lien  upon  said  house  and 
lot. 

This  section  provides  that  any  person  vio- 
lating the  act  shall  be  guilty  of  a  misdemeanor, 
that  is,  subject  to  arrest  and  imprisonment 
or  fine.  It  applies  not  only  to  principals  but 
also  to  all  subordinates,  employees,  workmen 
or  others  who  may  assist  in  the  violation. 

8  113 


A  MODEL  TENEMENT  HOUSE  LAW 

The  section  also  provides  for  violations  of 
orders  issued  by  the  departments  charged 
with  the  enforcement  of  the  act  and  renders 
offenders  liable  to  a  civil  penalty  of  fifty  dol- 
lars in  addition  to  costs,  expenses  and  dis- 
bursements. Such  persons  are  made  liable 
to  a  further  penalty  of  $250  for  failure  to 
remove  nuisances  or  violations  within  five 
days  after  service  of  notice  so  to  do.  It  is 
further  provided  that  where  the  owner  cannot 
be  found  the  house  itself  shall  be  subject  to  the 
penalty  and  that  this  shall  be  a  lien  upon  the 
property. 

§  134.  Procedure.  Except  as  herein  other- 
wise specified,  the  procedure  for  the  prevention  of 
violations  of  this  act,  or  for  the  vacation  of  prem- 
ises unlawfully  occupied,  or  for  other  abatement 
of  nuisance  in  connection  with  a  tenement  house, 
shall  be  as  set  forth  in  charter  and  ordinances. 
In  case  any  tenement  house,  building  or  structure 
or  any  part  thereof  is  constructed,  altered,  con- 
verted or  maintained  in  violation  of  any  provision 
of  this  act  or  of  any  order  or  notice  of  the  depart- 
ments charged  with  its  enforcement,  or  in  case  a 
nuisance  exists  in  any  such  tenement  house, 
building  or  structure  or  upon  the  lot  on  which 
it  is  situated,  said  departments  may  institute  any 
appropriate  action  or  proceeding  to  prevent  such 
unlawful  construction,  alteration,  conversion  or 
maintenance,  to  restrain,  correct  or  abate  such 
violation  or  nuisance,  to  prevent  the  occupation 

114 


REQUIREMENTS   AND   REMEDIES 

of  said  tenement  house,  building  or  structure,  or 
to  prevent  any  illegal  act,  conduct  or  business  in 
or  about  such  tenement  house  or  lot.  In  any  such 
action  or  proceeding  said  departments  may,  by 
affidavit  setting  forth  the  facts,  apply  to  the  su- 
preme court,  or  to  any  justice  thereof,  for  an 
order  granting  the  relief  for  which  said  action  or 
proceeding  is  brought,  or  for  an  order  enjoining 
all  persons  from  doing  or  permitting  to  be  done 
any  work  in  or  about  such  tenement  house,  build- 
ing, structure  or  lot,  or  from  occupying  or  using 
the  same  for  any  purpose,  until  the  entry  of  final 
judgment  or  order.  In  case  any  notice  or  order 
issued  by  said  departments  is  not  complied  with, 
said  departments  may  apply  to  the  supreme  court, 
or  to  any  justice  thereof,  for  an  order  authorizing 
said  departments  to  execute  and  carry  out  the 
provisions  of  said  notice  or  order,  to  remove  any 
violation  specified  in  said  notice  or  order,  or  to 
abate  any  nuisance  in  or  about  such  tenement 
house,  building  or  structure,  or  the  lot  upon  which 
it  is  situated.  The  court,  or  any  justice  thereof, 
is  hereby  authorized  to  make  any  order  specified  in 
this  section.  In  no  case  shall  the  said  depart- 
ments or  any  officer  thereof  or  the  city  be  liable 
for  costs  in  any  action  or  proceeding  that  may  be 
commenced  in  pursuance  of  this  act. 

Under  this  section  the  enforcing  officials  are 
given  the  power  to  bring  injunction  proceed- 
ings as  well  as  to  sue  for  penalties  and  proceed 
against  persons  for  misdemeanor.     The  power 
"5 


A  MODEL  TENEMENT  HOUSE  LAW 

to  bring  such  actions  in  the  Supreme  Court 
is  also  granted  which  is  very  desirable  at 
times.  Further  power  is  granted  by  this  sec- 
tion enabling  the  department  itself  to  hire 
workmen  to  do  work  that  may  be  necessary 
in  extreme  cases. 

§  135.  Liens.  Every  fine  imposed  by  judg- 
ment under  section  one  hundred  and  thirty-three 
of  this  act  upon  a  tenement  house  owner  shall  be  a 
lien  upon  the  house  in  relation  to  which  the  fine  is 
imposed  from  the  time  of  the  filing  of  a  certified 
copy  of  said  judgment  in  the  office  of  the  clerk  of 
the  county  in  which  said  tenement  house  is 
situated,  subject  only  to  taxes,  assessments  and 
water  rates  and  to  such  mortgage  and  mechanics' 
liens  as  may  exist  thereon  prior  to  such  filing; 
and  it  shall  be  the  duty  of  the  department  of 
health  upon  the  entry  of  said  judgment,  to  forth- 
with file  the  copy  as  aforesaid,  and  such  copy, 
upon  such  filing,  shall  be  forthwith  indexed  by  the 
clerk  in  the  index  of  mechanics'  liens. 

All  penalties  that  may  be  imposed  by  judg- 
ment are  made  liens  upon  the  property.  This 
is  necessary,  as  otherwise  there  would  be  no 
way  of  collecting  them,  and  judgments  would 
have  no  terror  for  owners  who  refused  to  obey 
the  law. 

§  136.  Lis  Pendens.  In  any  action  or  pro- 
ceeding instituted  by  the  departments  charged 

116 


REQUIREMENTS   AND    REMEDIES 

with  the  enforcement  of  this  act,  the  plaintiff  or 
petitioner  may  file  in  the  county  clerk's  office  of 
the  county  where  the  property  affected  by  such 
action  or  proceeding  is  situated,  a  notice  of  the 
pendency  of  such  action  or  proceeding.  Said 
notice  may  be  filed  at  the  time  of  the  commence- 
ment of  the  action  or  proceeding,  or  at  any  time 
afterwards  before  final  judgment  or  order,  or  at 
any  time  after  the  service  of  any  notice  or  order 
issued  by  said  department.  Such  notice  shall 
have  the  same  force  and  effect  as  the  notice  of 
pendency  of  action  provided  for  in  the  code  of 
civil  procedure.  Each  county  clerk  with  whom 
such  notice  is  filed  shall  record  it,  and  shall  index 
it  to  the  name  of  each  person  specified  in  a  direc- 
tion subscribed  by  the  corporation  counsel.  Any 
such  notice  may  be  vacated  upon  the  order  of  a 
judge  or  justice  of  the  court  in  which  such  action 
or  proceeding  was  instituted  or  is  pending,  or 
upon  the  consent  in  writing  of  the  corporation 
counsel.  The  clerk  of  the  county  where  such 
notice  is  filed  is  hereby  directed  to  mark  such 
notice  and  any  record  or  docket  thereof  as  can- 
celed of  record,  upon  the  presentation  and  filing 
of  such  consent  or  of  a  certified  copy  of  such  order. 

This  provision  enables  the  department  to 
file  a  notice  of  lis  pendens  (suit  pending)  at 
the  beginning  of  its  action  instead  of  waiting 
till  after  judgment  has  been  rendered.  Its 
effect  is  to  make  public  the  fact  that  there  is 
litigation  with  regard  to  the  particular  building 
117 


A  MODEL  TENEMENT  HOUSE  LAW 

and  prevent  innocent  purchasers  from  having 
the  property  "  unloaded "  upon  them  with  all 
the  existing  violations. 

§  137.  Registry  of  Owner's  Name.  Every 
owner  of  a  tenement  house  and  every  lessee  of  the 
whole  house,  or  other  person  having  control  of  a 
tenement  house,  shall  file  in  the  health  depart- 
ment, a  notice  containing  his  name  and  address, 
and  also  a  description  of  the  property,  by  street 
number  or  otherwise,  as  the  case  may  be,  in  such 
manner  as  will  enable  the  said  department  easily 
to  find  the  same;  and  also  the  number  of  apart- 
ments in  each  house,  the  number  of  rooms  in  each 
apartment,  and  the  number  of  families  occupying 
the  apartments. 

This  section  imposes  upon  the  owner  respon- 
sibility for  seeing  that  his  name  and  address 
are  recorded  in  the  health  department  with 
regard  to  each  tenement  house  that  he  owns. 
The  health  department  is  thus  enabled  to 
serve  the  necessary  orders  upon  the  respon- 
sible person  and  does  not  have  to  waste  time 
and  money  in  attempting  to  find  him. 

§  138.  Registry  of  Agent's  Name.  Every 
owner,  agent  or  lessee  of  a  tenement  house  may 
file  in  the  department  of  health  a  notice  contain- 
ing the  name  and  address  of  an  agent  of  such 
house,  for  the  purpose  of  receiving  service  of  pro- 
cess, and  also  a  description  of  the  property  by 

118 


REQUIREMENTS   AND   REMEDIES 

street  number  or  otherwise,  as  the  case  may  be, 
in  such  manner  as  will  enable  the  department  of 
health  easily  to  find  the  same.  The  name  of  the 
owner  or  lessee  may  be  filed  as  agent  for  this 
purpose. 

This  enables  an  owner  for  his  convenience 
to  file  in  the  health  department  the  name  of 
a  person  to  whom  he  wishes  all  departmental 
notices  to  be  sent. 

§  139.  Service  of  Notices  and  Orders. 
Every  notice  or  order  in  relation  to  a  tenement 
house  shall  be  served  FIVE  DAYS  before  the 
time  for  doing  the  thing  in  relation  to  which  it 
shall  have  been  issued.  The  posting  of  a  copy  of 
such  notice  or  order  in  a  conspicuous  place  in  the 
tenement  house,  together  with  the  mailing  of  a 
copy  thereof,  on  the  same  day  that  it  is  posted, 
to  each  person,  if  any,  whose  name  has  been  filed 
with  the  department  of  health  in  accordance  with 
the  provisions  of  sections  one  hundred  and  forty 
and  one  hundred  and  thirty-seven  of  this  act,  at 
his  address  as  therewith  filed,  shall  be  sufficient 
service  thereof. 

This  permits  legal  service  by  the  posting  of 
a  copy  of  the  notice  in  the  tenement  house 
itself,  in  addition  to  mailing  a  copy  to  the  per- 
son whose  name  is  registered  in  the  depart- 
ment. It  thus  does  away  with  the  delay  and 
expense  of  ordinary  personal  service. 
119 


A  MODEL  TENEMENT  HOUSE  LAW 

§  140.  Service  of  Summons.  In  any  action 
brought  by  any  city  department  in  relation  to  a 
tenement  house  for  injunction,  vacation  of  the 
premises  or  other  abatement  of  nuisance,  or  to 
establish  a  lien  thereon,  it  shall  be  sufficient  ser- 
vice of  the  summons  to  serve  the  same  as  notices 
and  orders  are  served  under  the  provisions  of  the 
last  section;  provided,  that  if  the  address  of  any 
agent  whose  name  and  address  have  been  filed  in 
accordance  with  the  provisions  of  section  one 
hundred  and  thirty-eight  of  this  act  is  in  the  city 
in  which  the  tenement  house  is  situated,  then  a 
copy  of  the  summons  shall  also  be  delivered  at 
such  address  to  a  person  of  proper  age,  if  upon 
reasonable  application  admittance  can  be  ob- 
tained and  such  person  found;  and  provided  also, 
that  personal  service  of  the  summons  upon  the 
owner  of  such  tenement  house  shall  be  sufficient 
service  thereof  upon  him. 

§  141.  Indexing  Names.  The  names  and  ad- 
dresses filed  in  accordance  with  sections  one  hun- 
dred and  thirty-seven  and  one  hundred  and 
thirty-eight  shall  be  indexed  by  the  department 
of  health,  in  such  a  manner  that  all  of  those  filed 
in  relation  to  each  tenement  house  shall  be  to- 
gether, and  readily  ascertainable.  The  board  of 
health  shall  provide  the  necessary  books  and 
clerical  assistance  for  that  purpose,  and  the  ex- 
pense thereof  shall  be  paid  by  the  city.  Said  in- 
dexes shall  be  public  records,  open  to  public  in- 
spection during  business  hours. 

120 


REQUIREMENTS    AND    REMEDIES 

§  142.  Laws  Repealed.  All  statutes  of  the 
state  and  all  local  ordinances  so  far  as  inconsistent 
with  the  provisions  of  this  act,  are  hereby  repealed. 

§  143.  When  to  Take  Effect.  This  act  shall 
take  effect  immediately. 

It  is  essential  that  the  act  should  take 
effect  immediately.  Pressure  will  be  brought 
to  bear  to  make  it  take  effect  some  months 
after  its  enactment.  This  should  not  be 
heeded.  The  effect  of  such  a  provision  will 
be  the  filing  of  plans  in  large  quantities  for 
every  lot  in  the  city  to  anticipate  the  new 
law  and  to  permit  people  to  build  tenement 
houses  under  the  provisions  of  the  old  one  for 
many  years  to  come.  There  is  no  hardship 
in  making  the  act  take  effect  at  once,  es- 
pecially as  architects  and  owners  will  have  had 
ample  notice  of  it  in  connection  with  the  dis- 
cussion arising  during  its  passage  through  the 
legislature. 


121 


INDEX 


INDEX 

SECTION  M0I 

Abatement 

of  nuisance,  procedure  for 100,  101,  134  84,  85,  1 14 

Access 

street  to  yard 46  51 

through  bedroom  to  other  rooms 
forbidden 24  32 

to  bottom  of  shafts  and  courts 117  100 

to  plumbing  pipes 36  42 

Accommodations 

water-closet 34, 68, 83,  1 1 5  40,  63, 72, 97 

Accumulations 

of  dirt,  etc.,  forbidden 89  78 

Agent 

for  service  of  process,  name  to  be 

filed 138  118 

may  file  plans  for  owner 130  107 

Air-intakes 

for  inner  courts 1 5, 63  26, 60 

Air-space 

in  rooms,  amount  required 99  83 

Alcove  Rooms 22,64,65,66  31,61,62 

Alteration 

of  building  not  a  tenement  house, 
subject  to  provisions  of  act  re- 
lating to  new  buildings 3  18 

of  tenement  houses  contrary  to  law 

forbidden 4  19 

Alterations 

permit  necessary 130  107 

provisions  relating  thereto 60  to  76  59  to  67 

to  existing  tenement  houses,  time 

for 6  20 

Angles  of  Courts 16  27 

Animals 

keeping  of,  prohibited 94  80 

Apartment  house 

definition 2(1)  13 

Approval 

of  plans  and  specifications  by  de- 
partment   1 30  107 

•25 


INDEX 

SECTION  PAGE 

Architect 

may  file  plans  for  owner 130  107 

Area 

in  front  of  basement   and  cellar 

rooms 30, 84  36,  74 

of  rooms 21,64,  65  30,61 

of  windows  in  basement  and  cellar 

rooms 30, 84  36,  74 

of  windows  in  rooms 20  29 

to  be  concreted,  graded,  drained 

and  sewer  connected 32  39 

Ashes 

receptacles  for 93  80 

Assemblage 
use  of  tenement  house  as  place  of, 

prohibited 94  80 


Bakeries 
prohibited 96  81 

Base 
waterproof,    required    for   water- 
closet  compartments 34  40 

Basement 

definition 2  (7)  16 

floors  to  be  watertight 31,  116  38,  100 

rooms,  conditions  of  occupancy...  30,84  36,73 

Bathroom  Windows 20  29 

Beams 
fireproof,  when  required 48  53 

Bedroom 
sole  access  through  to  other  rooms 
forbidden 24  32 

Buildings 

altered  to  tenement  houses 3  18 

cleanliness  of 89  78 

dangerous,     proceedings    relative 

thereto 100  ,101  84,  85 

height  of,  how  measured 2  (14)  18 

on  same  lot  with  tenement  house 18  28 

repair  of 87,  101  77,  85 

wooden,  not  to  be  placed  on  same 
lot  with  tenement  house  within 
fire  limits 76  66 

Building  Line 
fire  escapes  may  project  beyond 41  45 

Bulkheads 42, 72,  103,  121  48, 64, 86,  103 

126 


INDEX 

section  pace 

Businesses 
dangerous 97  82 

Ceilings 

cellar,  to  be  plastered 116  100 

cellar     to    be    whitewashed    or 

painted 85  76 

no  paper  to  be  placed  on  same 

until  old  paper  is  removed, 92  79 

of  rooms  to  be  painted  white 91  79 

to  be  cleaned  before  painting  or 

papering 92  79 

to  be  kept  clean 89  78 

Cellar 

ceiling  to  be  plastered 116  100 

definition 2  (8)  16 

entrance 51  54 

floors,  damp-proofing  and  water- 
proofing  31,  1 16  38,  100 

rooms,  conditions  of  occupancy 30, 84  36, 73 

stairs  inside  prohibited 49  53 

walls   and  ceilings  to  be  white- 
washed or  painted 85  76 

Cellars 

conditions  of  occupancy 30, 84  36, 73 

lighting  of 31  38 

to  be  kept  clean 89  78 

Certificate 

for  new  building  before  occupation 131  no 

of  approval  of  plans  and  specifica- 
tions to  be  issued 130  107 

Cesspools 

prohibited 35  41 

Chimneys 23  31 

Cleanliness 

of  buildings 89  78 

Closet 

under  stairs  to  upper  stories  for- 
bidden  50  54 

Combustible  materials 

storage  of,  prohibited 95  81 

Compliance 

time  for 6  20 

Concreting 

of  courts,  shafts,  areas  and  yards 

required 32  39 

127 


INDEX 

SECTION  PAGE 

Condemnation 

of     infected     and     uninhabitable 

houses,  proceedings  for 100  84 

Construction 

or  alteration   before   approval   of 

plans  forbidden 1 30  170 

Conversion 

of  building  to  tenement  house 3  18 

Court 

definition 2  (3)  15 

inner,  definition 2  (3)  15 

outer,  definition 2  (3)  15 

Courts 

access  to  bottom 117  100 

fire  escapes  in,  forbidden 41  45 

inner,  intakes  for 1 5, 63  26,  60 

not  to  be  covered  at  top 14  26 

size  of 13,  63  25,  60 

to  be  concreted,  graded,  drained 

and  sewer-connected 32  39 

walls  of,  to  be  painted  or  white- 
washed   90  79 

Cubic  feet  of  air 

required 99  83 


Damp-proofing 

of  foundation  walls 31,  116  38,  100 

of  lowest  floors 31,116  38,  1 00 

Dangerous  Buildings 

proceedings  relative  thereto 101  85 

Dangerous  Businesses 97  82 

Definitions 2  13 

Dirt 

accumulations  of,  forbidden 89  78 

Discretionary  power 

in  modifying  provisions  of  act  for- 
bidden   5  19 

Draining 

of  courts,  shafts,  areas  and  yards 32  39 

Drip  trays 

prohibited 34  40 

Drug  stores 

doors  and  transoms  to  halls  for- 
bidden  97  82 

Dumb-waiter  shafts 47, 74  52>7M 

128 


INDEX 

section  pace 

Effect 
time  when  act  takes 143  121 

Egress 

in  case  of  fire 120  103 

Elevator  shafts 47-74  52,  65 

Encumbrance 

of  fire  escapes 102  86 

of  fire  escapes,  penalty  for 133  112 

Entrance 

hall,  construction  of 43.  46  48,  5 1 

to  cellar  required 51  54 

width  of 46  51 

Excelsior 

storage  of,  forbidden 95  81 


Fat-boiling 
prohibited 06  81 

Filing 

of  lis  pendens 136  1 16 

of  owner's  name 1 37  118 

of  plans 130  107 

Filth 
accumulations  of,  forbidden 89  78 

Fire  Department 
permit  for  storage  of  combustible 

materials  required 95  81 

Fire  Escapes 41,70,  102,118  44,64,86,101 

encumbrance  of 102  86 

in  courts  forbidden 41  44 

Fireplaces 23  31 

Fire  Protection 

provisions  relative  to 40  to  52  44  to  55 

Fireproof  Tenement  House 

definition 2  (9)  16 

when  required 40,69  44.63 

Flat 
definition 2(1)  13 

Floor 
beneath  and  around  water-closets 

to  be  kept  in  good  order  and 

painted 86,  1  \a  76, 96 

lowest,  damp-proofing  of 31,  116  38,  100 

slats,  wooden,  to  be  removed  from 

fire  escapes 119  103 

9  129 


3o 


INDEX 

SECTION  PAGE 

Floor  (Continued) 
surface  beneath  sinks  in  halls  and 

stairs  to  be  kept  painted 86,  1 1 3  76, 96 

water  on  each 33,  88  39>  77 

Floor  Area 

of  room 21 

Floors 

basement  and  cellar,  to  be  water- 
tight  31,116  38,  100 

of  water-closet  compartments  to 

be  waterproof 34  40 

Flush  Tanks 

for  new  water-closets 34,  1 1 5  40,  97 

Foundation  Walls 
damp  proofing  and  water-proofing 

of 31  38 

Frame 

buildings,  not  to  be  placed  on  same 
lot  with  tenement  house  within 

fire  limits 76  6j6 

tenement  houses,  forbidden 52,  75  54,  66 

Frost 
flush  tanks,  pipes  and  traps  of  new 
yard   water-closets   to   be   pro- 
tected against 115  97 

Garbage 

accumulations  of  forbidden 89  78 

receptacles  for 93  80 

General  Provisions 1  to  6  13  to  20 

Glass  Panels 

in  doors  to  public  halls in  94 

Goat 

not  to  be  kept  on  premises 94  80 

Grading 

of  courts,  shafts,  areas  and  yards 

required 32  39 

Habitation 

human,  basement  and  cellar  rooms 
to  be  fit  for 30, 84  36,  73 

new   buildings   occupied   without 

certificate,  deemed  unfit  for 131,  132  1 10,  1 1 1 

Hall 

public,  definition 2(5)  15 

stair,  definition 2  (o)  15 

Halls 

entrance,  width  of 46  51 

130 


INDEX 

SECTION  PACK 

Halls  (Continued) 

public,  construction  of 43,415,46,64,73        48,  50,  51,61,65 

public,  lighting  of 25,  26,00,01,  1 1 1,  1 12        32,34,71,04,95 

public,  size  of  windows 25,  26,  27  32,  34 

stair,  construction  of 43,44,45,46,64,73  48,49,  50,  51,61,65 

stair,  lighting  of 27, 64, 65  34,  61 

stair,  size  of  windows 27, 64  34, 61 

stair,  ventilation  of 27,  64,  65  34, 61 

Handling 
and  storage  of  rags  forbidden 94  80 

Hay 
storage  of  forbidden 95  81 

Health 
articles  dangerous  to,  storage  of 

forbidden 95  81 

things  dangerous  or  detrimental  to 100  84 

Height 

definition 2  (14)  18 

of  basement  and  cellar  rooms 30, 84  36,  73 

of  non-fireproof  tenement  houses 4  to  5 

of  rooms 21,64  30,61 

of  tenement  houses  proportionate 

to  width  of  street 11,61  24,  59 

Hopper  Closets 
long,  permitted  in  yards ....115  97 

Horse 
not  to  be  kept  on  premises 94  80 

Housekeeper 
when  necessary 98  82 

Housing  Law 
difficulty  of  preparing 3 

Human  Habitation 
basement  and  cellar  rooms  to  be 
fit  for 30, 84  36,  73 

Imprisonment 

for  violation  of  act 133  112 

Improvements 

health  department  may  order 101  85 

compulsory 1 10  to  121  91  to  103 

Infected  Houses 

proceedings  for  vacation  of 100  84 

Inner  Court 

definition 2  (3)  15 

Intakes 

for  inner  courts 15  26 

131 


INDEX 

SECTION  PAGE 

Interior  Rooms 
lighting  and  ventilation  of no  91 

Janitor 

or  housekeeper,  when  necessary 98  82 

Judgment 

copy  of,  to  be  filed  in  County  Clerk's 

office 135  116 

to  establish  penalty  as  lien 135  116 

Ladder 

to  scuttle 103,  121  86,  103 

Law,  Housing 

difficulty  of  preparation 3 

New  York  Tenement  House 3  to  5 

model,  objects  of 5  to  6 

Leaders 

rain,  necessary 87  yy 

Leaky   Roofs 87  yj 

Legal   Provisions 130  to  143  107  to  121 

Lessee 

may  file  agent's  name  for  service  of 

process 138  1 18 

of  whole  house  to  register  name 137  118 

Liens 135  116 

Life 

articles  dangerous  to,  storage  of 

forbidden 95  81 

Light 

and  ventilation  provisions 10  to  27  5,  23  to  34 

sufficient  for  basement  and  cellar 

rooms 30,  84  36,  73 

Lighting 

of  halls 25,  26, 80, 81,  1 1 1,  1 12        32,  34,  71,  94, 95 

of  rooms 19, 64, 65,  1 10  29,  61,91 

Liquor  Stores 

doors  and  transoms  to  halls  for- 
bidden  97  82 

Lis  pendens 136  116 

Living  Rooms 

in  basements  and  cellars,  condi- 
tions of  occupancy 30, 84  36,  73 

Locking 

of  scuttle  and  bulkhead  door  for- 
bidden  103  86 

132 


INDEX 

Lodging  House 

in  tenement  house  forbidden 04  80 

Long  Hopper  Closets 

in  yards  permitted 115  97 

Lot 

percentage  occupied 10,  60  23,  59 


Maintenance  Provisions 80  to  103  71  to  86 

Mandatory  Provision 

of  act 2(12)  17 

Means  of  Egress 

in  case  of  fire,  additional 120  103 

Misdemeanor 

violation  of  act  is  a 133  112 

Model  Law 

adaptation  to  local  conditions 8  to  10 

applies  only  to  multiple  dwellings 9 

classification  in   6  to  8 

objects  in  preparing 5  to  6 

Modification  of  Law 

prohibited 5  19 

Mortgage 

may  be  declared  due  if  new  build- 
ing occupied  without  certificate 132  1 1 1 

Municipal  Authorities 

ruling  of,  not  to  modify  or  dispense 
with  any  provision  of  act 5  19 

Name  m 

of  agent  to  be  registered 138  1 18 

of  owner  to  be  registered 137  118 

New  Buildings 

occupied  without  certificate  to  be 

vacated 132  in 

permit  necessary 130  107 

provisions  applicable  to 10  to  52  23  to  54 

New    York  Tenement  House  Law 3  to  5 

complicated 3 

enacted  too  late 4 

higher  standards  possible 5 

not  ideal 4,5 

unwisdom  of  copying 3, 4,  5 

Night  Lighting 

of  halls 81  71 

of  water-closet  compartments 34  40 

*33 


INDEX 

SECTION 


Notices 

service  of 139  1 19 

Nuisance 

abatement  of,  procedure  for 100,  10 1,  134  84,  85,  1 14 

definition  of 2  (11)  16 


Occupancy 

changes  in 4  19 

Occupant 

responsible  for  encumbrance  of  fire 

escapes 133  112 

Occupation 

of  basement  and  cellar  rooms 30, 84  36,  73 

of    converted     building    without 

certificate  forbidden 131  1 10 

of  new  building  without  certificate 

unlawful 131,  132  1 10,  in 

Open  Spaces 5 

Ordinances 

inconsistent  with  act  repealed 142  121 

not  to  modify  or  dispense  with  any 

provision  of  act 2(12)  17 

Outer  Court 

definition 2  (3)  15 

Outside  Stairs 

in  lieu  of  fire  escapes 41  44 

Overcrowding 

prohibited 99  83 

Owner 

may  file  agent's  name  for  service  of 

process 138  1 18 

to  file  plans  for  new  buildings  or 

alterations 130 

to  keep  tenement  house  clean 89 

to   paint   or  whitewash   walls   of 

courts  or  shafts 90  79 

to  provide  receptacles  for  garbage, 

ashes  and  refuse 93  80 

Owners'  Names 
registry  of > 137  118 


% 


Paint  Stores 
doors  and  transoms  forbidden  to 

halls  from 97  82 

134 


INDEX 

HON  ACE 

Painting 

of  fire  escapes 41  44 

of    space    beneath    and     around 

water-closets  and  sinks 86.  113  76,96 

of  walls  and  ceiling 85,91  76.79 

of  walls,  courts  and  shafts 90  79 

Panels 

glass,  in  doors  to  public  halls in  94 

Passageways 

for  inner  courts 15  26 

Penalties 

for  violations 133  112 

Percentage 

of  lot  occupied 10, 60  23,  59 

Permit 

for  occupation  of  basement   and 

cellar  rooms 30, 84  36,  73 

for   storage   of   combustible    ma- 
terials  95  81 

to   commence    new    buildings   or 

alterations 130  107 

Pipes 

of  new  yard  water-closets  to  be 

protected  against  frost 115  97 

space  around  to  be  air-tight 36  42 

Plans 

may  be  amended 130  107 

not  to  be  removed  from  Depart- 
ment   130  1 07 

to  be  examined 130  107 

to  be  filed  by  owner  or  architect 130  107 

to  be  public  records 130  107 

to  conform  to  act  and  ordinances 130  107 

Plastering 

of  cellar  ceilings 116  100 

Plumbing 

fixtures,  enclosure  prohibited 36  42 

to  be  in  accordance  with  plumbing 

regulations 36  42 

pipes  to  be  exposed 36  42 

Posting 

of  notices  lawful  service 139  119 

service  of  summons 140  120 

Privacy 24  32 

Privy  Vaults 

prohibited 35,  115  41,  97 

Procedure 134  1 14 

135 


INDEX 

SECTION  PAGE 

Proceedings 

for  removal  of  nuisances ioo,  101  84, 85 

for  vacation  of  infected  and  unin- 
habitable houses 100,  101  84, 85 

Prohibited  Uses 94  80 

Protection 

from  fire 40  to  52  44  to  54 

Provisions 

applicable  to  new  buildings 10  to  52  23  to  55 

general 1  to  6  13  to  20 

legal 130  to  143  107  to  121 

light  and  ventilation 10  to  27  23  to  35 

not  to  be  modified 5  19 

of  other  acts  repealed 142  121 

sanitary 30  to  36  36  to  43 

Public  Halls 

definition 2(5)  15 

lighting  of 25,26,80,81,  in  32,  34,  71,94 

construction  of 43,45,46,64,73        48,  50,  51,61,65 

Public  Records 

plans  and  specifications  to  be 130  107 

Pumps 

and  tanks  to  be  provided 88  jj 

Punishment 

for  violation  of  act 133  112 


Rags 

storage  and  handling  of,  forbidden 94  80 

Rain  Leaders 87  yj 

Rear 

buildings  and  front,  space  between 18  27 

tenements  prohibited 17  28 

Receptacles 

for  ashes,  garbage  and  refuse 93  80 

Refuse 

receptacles  for 93  80 

Registry 

of  agent's  name 138  1 18 

of  owner's  name 137  1 18 

Regulations 

not  to  modify  or  dispense  with  any 

provision  of  act 2(12)  17 

plumbing 36  42 

Remedies 130  to  143  107  to  121 

Repairs 87,  101  77, 85 

136 


INDEX 

SECTION  PACE 

Repeal 142  121 

Requirements 
and  remedies 130  to  143  107  to  121 

Roofs 

to  be  kept  clean 89  78 

to  be  kept  in  repair  and  not  to  leak 87  77 

Rooms 

alcove 22,64,65,66  31,61,62 

basement  and  cellar,  conditions  of 

occupancy 30, 84  36,  73 

height  of 21,64  30,61 

interior,  lighting  and  ventilation  of no  91 

lighting  and  ventilation  of 19, 64, 65,  1 10  29, 61,91 

not  to  be  overcrowded 99  83 

size  of 21,64,65  30,61 

to  be  kept  clean 89  78 

walls  and  ceilings  to  be  painted 

white 91  79 

Rubbish 
receptacles  for 93  80 

Ruling 
of    municipal    authorities    not    to 
modify  or  dispense  with  any  pro- 
vision of  act 2(12)  17 


Sanitary  Provisions 30  to  36  36  to  42 

School  Sinks 115  97 

Scuttles 103,  121  86,  103 

Service 

of  notices  and  orders 139  1 19 

of  summons 140  120 

Sewer  Connection 

for  shafts,  courts,  areas  and  yards 

required 32  39 

required 35  41 

Shaft 

definition 2  (4)  15 

Shafts 

access  to  bottom 117  100 

construction  of 47,  74  52, 65 

fire  escapes  in,  forbidden 41  44 

to  be  concreted,  graded,  drained 

and  sewer  connected 32  39 

walls  to  be  painted  or  whitewashed 90  79 

'37 


INDEX 

SECTION  PAGE 

Sheep 
not  to  be  kept  on  premises 94  80 

Sink 

in  each  apartment 33  39 

Sinks 

in  halls  or  stairs,  woodwork  under 86,  1 1 3  76, 96 

school 115  97 

wall  surface  underneath,  in  halls 

and  stairs  to  be  kept  painted 86,  1 13  76,  96 

Size 

of  rooms 21,  64, 65  30,61 

of  windows  for  public  halls 25,  26,  27  32,  34 

of  windows  for  stair  halls 27  34 

Skylights 26,  67,  1 12  34,62,95 

Slats 

wooden,  to  be  removed  from  fire 
escapes 118  101 

Space 

around  plumbing  pipes  to  be  air- 
tight  36  42 

underneath  sinks  and  water-closets 
to  be  left  open 86,  113  76, 96 

Specifications 

may  be  amended 130  107 

not  to  be  removed  from  depart- 
ment  130  107 

to  be  examined 130  107 

to  be  filed  by  owner,   agent  or 

architect 130  107 

to  be  public  records 130  107 

to  conform  to  act  and  ordinances 130  107 

Stable 

in  tenement  house  forbidden 94  80 

on  same  premises  with  tenement 

house  forbidden 94  80 

Stair  Hall 

definition 2  (6)  15 

lighting  of 27, 64, 65  34, 61 

windows 27  34 

Stairs 43»7'»  I(>3>  I21  48,64,86,  103 

cellar,  inside,  prohibited 49  53 

to  upper  stories,  closet  under  for- 
bidden  50  54 

width  of 73  65 

Statutes 

repealed 142  121 

138 


INDEX 

section  pack 

Storage 

and  handling  of  rags  forbidden 94  80 

of   articles  dangerous   to   life   or 

health  forbidden 95  81 

of     combustible     materials     pro- 
hibited  95  81 

of  cotton,  excelsior,  feed,  hay,  and 

straw  forbidden 95  81 

Stores 

paint,  liquor  and  drug,  doors  and 

transoms  to  halls  from 97  82 

Straw 

storage  of,  forbidden 95  8t 

Street 

width  of,  to  regulate  height  of  new 

buildings 11,61  24,  59 

Summons 

service  of 1 40  1 20 

Superintendent  of  Buildings 
to  grant  certificate  that  new  tene- 
ment   house    conforms   to  cer- 
tain sections  of  act 131  no 

Supply 
water 33. 88  39.  77 


Tanks 

and  pumps  to  be  provided 88  77 

flush,  of  new  yard  water-closets  to 

be  protected  against  frost 115  97 

Tenant 

responsible  for  encumbrance  of  fire 

escapes 133  112 

Tenement  House 

definition 2  (1)  13 

hereafter  erected,  provisions    ap- 
plicable to 10  to  27  23  to  35 

Transoms 

in  stair  hall  forbidden 45  50 

to  halls  from  paint,  liquor  and 

drug  stores  forbidden 97  82 

Traps 

of  new  yard  water-closets  to  be 

protected  against  frost 115  97 

Trays 

drip,  prohibited 34  40 

'39 


INDEX 

SECTION  PAGE 

Uninhabitable  Houses 

proceedings  for  vacation  of ioo  84 

Unlawful  Occupation 

of  new  building 132  in 

Uses 

prohibited 94  80 

Vacation 
of  new  buildings  occupied  without 

certificate 132  1 1 1 

of  premises,  procedure  for 100,  1 01  84,  85 

Vaults 

Privy 35>  "5  41.97 

Ventilating  Skylights 67,  1 1 2  62,  95 

Ventilation 

and  light  provisions 10  to  27  5,  23  to  35 

of  basement  and  cellar  rooms 30,  84  36, 73 

of  interior  rooms no  91 

of  halls 25,  26,  27,  1 1 2  32,  34,  95 

of  rooms 19  29 

Violations 

penalties  for 133  112 


Wall 

Paper 92  79 

surface     underneath     sinks     and 
closets  in  halls  and  stairs  to  be 

kept  painted 86,  1 1 3  76,  96 

Walls 

damp-proofing  of 31,116  38,  100 

no  paper  to  be  placed  on  same  until 

all  old  paper  is  removed 92  79 

of   cellar   to   be   whitewashed   or 

painted 85  76 

of  courts  and  shafts  to  be  painted 
or  whitewashed 90,  92  79 

of  rooms  to  be  painted  white 91  79 

to  be  kept  clean 89  78 

Water-closet 

accommodations 34,68,  83  40,  63, 72 

compartments,  access  to 24  32 

compartments,  floors  to  be  water- 
proof  34  40 

compartments,  lighting  and  venti- 
lation of 34  40 

for  each  family 34  40 

140 


76.96 

29.  72 

36.73 

97 

40 

72.97 

40,97 

% 


INDEX 

SECTION 

Water-closet  (Continued) 

seats,  space  underneath 86,  1 13 

windows 20,  82 

Water-closets 

for  basement  and  cellar  rooms 30, 84 

in  yards 115 

one  for  each  family 34 

one  for  every  two  families 83,  1 15 

separate  compartment  for  each 34,  115 

space  beneath  and  around  to  be 

kept  in  good  order  and  painted 86,  1 13  76,  96 

substitution  for  privy  vaults  and 

school  sinks  required 115 

to  be  kept  clean 89 

to  be  located  within  apartments 34  40 

to  be  open 34  40 

woodwork  under 86,  1 1 3  76,  96 

Waterproof  Base 

and  floor  required  for  water-closet 
compartments 34 

Waterproofing 

of  foundation  walls 31,  1 16 

of  basement  and  cellar  floors 31,  1 16 

Water  Supply 33. 88 

Whitewashing 

of  cellar  walls  and  ceilings 85 

of  walls  of  courts  and  shafts 90 

Winding  Stairs 43 

Windows 

for  stair  halls,  size  of 27, 64 

in  basement  and  cellar  rooms,  area 

of 30,84 

in  interior  rooms,  size  of no 

in  public  halls 25,  26,  27 

in  rooms,  size  of 20 

in  water-closet  compartments  and 

bath  rooms 20,  34 

on  street,  yard  or  court  for  rooms 

in  new  buildings 19 

WlREGLASS 

in  doors  from  stair  halls 45 

Wooden 

building,  definition 2  (10) 

buildings  not  to  be  placed  on  same 

lot  with  tenement  house  within 

fire  limits 76  66 

141 


38, 100 
38, 100 

39.77 

76 

79 
48 

34.6i 

36.73 

9' 

>.  34.  42 

29 

29.40 

29 

50 

16 

INDEX 

SECTION  PAGE 

Wooden  (Continued) 

fire  escape  balconies  unlawful 119  103 

floor  slats  to  be  removed  from  fire 
escapes 119  1 03 

outside  stairs  as  fire  escape  un- 
lawful  119  103 

panels  in  doors  to  public  halls in  94 

tenement  houses 52, 75  54,  66 

Woodwork 

enclosing  sinks  and  closets  in  halls 

and  stairs  to  be  removed 1 13,  1 14  96 

enclosing  water-closet  forbidden 34  40 

Yard 

access  to 46  51 

definition 2  (2)  15 

size  of 1 2, 62  24, 60 

spaces 

to  be  concreted,  graded,  drained 

and  sewer  connected 32 

water-closets 115 


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